Waiting period for Citizenship application.

[madiba]

I received my green card in July 2008 after a 3 year wait. It was a family based green card through marriage to a US citizen. I was married for 4 years from 2005 to 2009. I received the permanent green card instead of the conditional gc because my lawyer was able to make the case that since I was already waiting for 3 years I should be able to bypass the conditional gc. I am now in permanent resident status for almost 3 years and no longer married. According to the USCIS directions I would either be still married to the same wife for 3 years or be a permanent resident for 5 years to be able to apply for citizenship. My question is, does the period I was married also count as permanent resident status and would I therefore qualify for citizenship right now or would I still need to wait for the 5 year period to elapse.

Thanks in advance for your response.

 

[BigJoe5]

No. You calculate your LPR time from the "resident since" date on your card. IF otherwise eligible, you can file after 4 years, 9 months and 1 day from the date on your card. Remeber that that is only ONE of the eligibility requirements.

 

[baikal3]

I received my green card in July 2008 after a 3 year wait. It was a family based green card through marriage to a US citizen. I was married for 4 years from 2005 to 2009. I received the permanent green card instead of the conditional gc because my lawyer was able to make the case that since I was already waiting for 3 years I should be able to bypass the conditional gc. I am now in permanent resident status for almost 3 years and no longer married. According to the USCIS directions I would either be still married to the same wife for 3 years or be a permanent resident for 5 years to be able to apply for citizenship. My question is, does the period I was married also count as permanent resident status and would I therefore qualify for citizenship right now or would I still need to wait for the 5 year period to elapse.

Thanks in advance for your response.

You are currently not eligible to apply for naturalization. To qualify for naturalization under the three year rule you must be married to a USC at the time of filing N-400 and that marriage must be at least 3 years old. That obviously does not apply to you since you are not married now. Your only option is to use the 5 year rule.

 

[Al Southner]

My period I was married also count as permanent resident status and would I therefore qualify for citizenship right now or would I still need to wait for the 5 year period to elapse.

Thanks in advance for your response.

Madiba,

You don't qualify for marriage based N400 filing.Your best and only option under your circumstance is a 5 years minus 90 days.

 

[rheabs]

Whatever date it says on your P.R card then make 4 yrs and 9 mths from that date..
so it should take you around May 2013 you can apply for usc (5 year rule)