US citizenship

[lilocomotiv]

Hi there,

When I married my wife(2003 June), she was a permanent resident of US. (Was ready to be a citizen.) At the same time, my 485 was filed by my employer. I got my green card in September 2004 from my employer. She became a US citizen in August 2005. Do I have to wait 5 years to file my US citizenship? Or file in 3 years(September 2007) because my spouse is a US citizen?

Thanks in advance

Jose

 

[naturalizer123]

Hi there,

When I married my wife(2003 June), she was a permanent resident of US. (Was ready to be a citizen.) At the same time, my 485 was filed by my employer. I got my green card in September 2004 from my employer. She became a US citizen in August 2005. Do I have to wait 5 years to file my US citizenship? Or file in 3 years(September 2007) because my spouse is a US citizen?

Thanks in advance

Jose

5 years.

 

[houstonian-tx]

5 years.

Wrong...You will be eligible to become US citizen in 3 years from the date your spouse became US citizen. Does not matter how you got your green card if you are married to a Citizen. You can apply in 3 years minus 90 days.

If your spouse became citizen on August 01, 2005, you will be eligible to send your application on August 01, 2008 minus 90 physical days.

 

[C R S]

Hi there,

When I married my wife(2003 June), she was a permanent resident of US. (Was ready to be a citizen.) At the same time, my 485 was filed by my employer. I got my green card in September 2004 from my employer. She became a US citizen in August 2005. Do I have to wait 5 years to file my US citizenship? Or file in 3 years(September 2007) because my spouse is a US citizen?

Thanks in advance

Jose

You may apply three years from the wedding date and not a day sooner. The 90-day rule applies only to the continuous residence requirement. All other requirements have to have been met at the time of application.

 

[boatbod]

You may apply three years from the wedding date and not a day sooner. The 90-day rule applies only to the continuous residence requirement. All other requirements have to have been met at the time of application.

But in this case, since wedding was before your wife's natz, you need to wait 3 years from when she became a USC.

 

[NewlyMinted]

You can apply after three years.


Cheers,

Newly

 

[houstonian-tx]

You may apply three years from the wedding date and not a day sooner. The 90-day rule applies only to the continuous residence requirement. All other requirements have to have been met at the time of application.

Let me reiterate...

You got married to a GC holder in July 01, 2004. You got your employment based GC in July of 2005. You GC spouse became a US Citizen after five years on GC on August 01, 2005. You can send in your Natz application only after August 01, 2008 minus 90 physical days counting backwards from August 01, 2008.

Even though you were married for 4 years to your spouse, you have been married to an US Citizen only for 3 years (on August 01, 2008). The time you were married before she became US Citizen (July 01, 2004 to July 31, 2005) does not count toward you applying for Natz.

 

[C R S]

You can send in your Natz application only after August 01, 2008 minus 90 physical days counting backwards from August 01, 2008.

This is incorrect. You cannot count back 90 days from the third wedding anniversary. You have to have completed three years in order to apply. The 90-day rule only applies to the continuous residence requirement.

 

[houstonian-tx]

This is incorrect. You cannot count back 90 days from the third wedding anniversary. You have to have completed three years in order to apply. The 90-day rule only applies to the continuous residence requirement.

C R S is correct. Please see below for the actual text from the Guide to Naturalization - Bottom of Page 22...

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the “continuous residence” requirement. For example, if you are applying based on 3 years of “continuous residence” as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

 

[brb2]

Can you please explain this more? Under what circumstances would the 90 day rule apply for filing under the 3 year rule?

C R S is correct. Please see below for the actual text from the Guide to Naturalization - Bottom of Page 22...

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the “continuous residence” requirement. For example, if you are applying based on 3 years of “continuous residence” as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

 

[NewlyMinted]

Lilocomotiv:

The number of years the spouse have been a citizen is not important in this case. What's important is that you are married to one (and have been for three years) and that you met all the other requirements. Based on what you posted,you are eligible to apply on July 2007. You have to look at your card to find the exact date your card was approved.

Newly

Hi there,

When I married my wife(2003 June), she was a permanent resident of US. (Was ready to be a citizen.) At the same time, my 485 was filed by my employer. I got my green card in September 2004 from my employer. She became a US citizen in August 2005. Do I have to wait 5 years to file my US citizenship? Or file in 3 years(September 2007) because my spouse is a US citizen?

Thanks in advance

Jose

 

[C R S]

The number of years the spouse have been a citizen is not important in this case.

Pray, why not? Section 319 of the immigration law clearly states that the citizen-spouse must have a citizen for at least three years!

 

[C R S]

Can you please explain this more? Under what circumstances would the 90 day rule apply for filing under the 3 year rule?

Simply put, if one has to meet N requirements in order to apply under the 3-year rule, one has to have met N-1 of these requirements (specifically, all except the continuous residence requirement) at the time of application. For example, someone who becomes a permanent resident after marrying a citizen has a high probability of benefiting from the 90-day rule.