She has to wait at least 3 years after husband becoming USC since she mentioned she has been already been married to him for 5 years.
When can I file my N-400?
- Thread starter NCH754
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She has to wait at least 3 years after husband becoming USC since she mentioned she has been already been married to him for 5 years.
Mumbaiwala2000
New Member
Try framing your question better, because I was trying to figure out your question.
How long have you been a USC? If you yourself have been a USC for over three years, then your wife can apply for USC under the 3 year minus 90 days rule, provided she has been a GC holder for 3 years.
In order words, if you were sworn in as a USC on June 1, 2006 and she became a GC holder on Jan 1, 2007, she will be eligible for USC under the 3 year rule around Oct 2010. On June 1, 2010, you would have been a USC for 3 years, and she would be eligible on Oct 5 or someone around them...I hope this helps...
I got USC last month
My wife has GC since June 2007 (marriage based GC)
We have been married since 2003
When can she apply for USC?
Thanks for all the replies
Under 3 year rule:
3 years after you became USC.
Note: the 90 day rule only applies to continuous residency, not marriage to a USC.
Under 5 year rule:
5 years -90 days after her obtaining LPR status.
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Your wife doesn't have marriage-based GC, it is employment-based GC (Because you got it on emplyment-based).
If she was married to you after you became USC, it would have been treated as marriage-based GC.
I think she will be eligible for USC by June 2012 (which would be 3 months earlier than marriage-based eligibility which would be Sep 2012).
Again, the way you obtain GC does not determine how you can file. In this case the OP's wife can file under either 3 year or 5 year rule.
Yes bob. Right. But if she needs to file sooner, then the first option would be better as it occurs earler than the second option (even though there is not much difference
)