When can I apply for citizenship?

B

Beam

Registered Users (C)
After I got my greencard through employer, I married to my husband who is a U.S. citizen (born and raised here). Do I still need to wait until 4 years and 9 months to apply or I can use the 2 years and 9 months?

Thanks.
 
You can apply 3 years from the anniversary of your marriage, assuming you had your GC prior to marriage. The 90 day "early" window only applies to the continuous residence portion of the eligibility, not the marriage portion.
 
With respect to all of your replies, I think you all misunderstood Beam's question. He says very clearly, 'After I got my greencard through employer, I married to my husband who is a U.S. citizen ....'. So, since Beam's GC is not marriage to US Citizen based, it should be 5 yeras with 90 days in advance eligibility. Please let me know if I the one who needs to be corrected. Good luck!
 
2BUSCTZN said:
With respect to all of your replies, I think you all misunderstood Beam's question. He says very clearly, 'After I got my greencard through employer, I married to my husband who is a U.S. citizen ....'. So, since Beam's GC is not marriage to US Citizen based, it should be 5 yeras with 90 days in advance eligibility. Please let me know if I the one who needs to be corrected. Good luck!
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I really do not think it matters how you got your GC. The fact that she is married to a USC now qualifies her to apply under the 3 year rule for her N-400.
 
You are correct. It does not matter how the green card was acquired. As long as the holder has been married to a US citizen for 3 years and the US spouse has been a citizen for more than 3 years, the GC holder can apply under the 3 year rule.

Jojo72 said:
I really do not think it matters how you got your GC.
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You can apply using the 3 year rule no matter how the green card was issued to you (regardless of marriage-based green card, employment-based green card, family-based green card, aslyum-based green card, lottery-based green card, etc.)

See the N-400 form instructions:

Who May File Form N-400?

To use this form you must be ONE of the following:

1. A Lawful Permanenet Resident for at least five years and at least 18 years old;

2. A Lawful Permanent Resident for at least three years and at least 18 years old,

AND

You have been married to and living with the same U.S. citizen for the last three years,

AND

Your spouse has been a U.S. citizen for the last three years.

3. blah blah.
 
Ghantabro,
apparently all old cases are on back burner and USCIS is now interview cases submitted in feb 08 & march 08, this is a tactic to show they are making progress. Ever thought of rescinding your original application and do a fresh application, you would probably get it in 4 months then (just a thought)
 
svsarma said:
Ghantabro,
apparently all old cases are on back burner and USCIS is now interview cases submitted in feb 08 & march 08, this is a tactic to show they are making progress. Ever thought of rescinding your original application and do a fresh application, you would probably get it in 4 months then (just a thought)
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Not a bad idea, but I am hoping they will act on the joint statement given by USCIS and FBI.
 
It does matter to an extent. Yes, she could apply based on marriage (3 years), but the three year count will start as of the marriage date, not the original GC-employment date.
 
8 USC § 1430. Married persons and employees of certain nonprofit organizations
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

So yes, it's three years from the date of marriage, with some limitations.
 
svsarma said:
Ghantabro,
apparently all old cases are on back burner and USCIS is now interview cases submitted in feb 08 & march 08, this is a tactic to show they are making progress. Ever thought of rescinding your original application and do a fresh application, you would probably get it in 4 months then (just a thought)
Click to expand...

Believe it or not, but I've given serious thought to withdrawing my application and reapplying. There've been a couple of reports of February 2008 NYC applicants receiving ILs. However, I refuse to let the bastards at USCIS eat my $675. I'd rather take them to court for not processing my application within the posted timelines.
 
Vorpal said:
Believe it or not, but I've given serious thought to withdrawing my application and reapplying. There've been a couple of reports of February 2008 NYC applicants receiving ILs. However, I refuse to let the bastards at USCIS eat my $675. I'd rather take them to court for not processing my application within the posted timelines.
Click to expand...

Then there's the whole question about whether rescinding an existing application will cause any red flags or delays once a new application is sent in.
 
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