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Citizenship Through Spouse Question

By bulls2030 in US Citizenship General Discussion

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bulls2030 Explorer

bulls2030   17

Posted
Filed: Country: Pakistan
 Timeline
Posted

Hello,
So my husband got his US Citizenship in September 2015. I got my greencard in January 23 2013. I have only been outside the united states for 10-20 days.
Can I apply for citizenship now or in the next month since my three years are completed since my husband has became a citizen? I am not sure how the three years work.
I would appreciate anyone's help and explanation.

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discoverusa Collaborator

discoverusa   229

Posted
Filed: Citizen (apr) Timeline
Posted

I far as I know you have to be married to USC for at least 3 years prior to filing. Since he became a USC in September 2015 you've been technically married to USC for just 3 months. I think it will be faster for you to file based on 5 year rule.

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

follow the eligibility worksheet: https://www.uscis.gov/sites/default/files/files/article/attachments.pdf

you are not eligible. for 3 year rule, your spouse has to be a usc for those 3 years.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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JimmyHou Experienced

JimmyHou   610

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
Posted (edited)

Hello,

So my husband got his US Citizenship in September 2015. I got my greencard in January 23 2013. I have only been outside the united states for 10-20 days.

Can I apply for citizenship now or in the next month since my three years are completed since my husband has became a citizen? I am not sure how the three years work.

I would appreciate anyone's help and explanation.

You cannot apply now.

To apply under the 3 year rule, you have to meet the following requirements:

1) You must have been a permanent resident for 3 years - 90 days on the day you file

2) You must have been married to your spouse for 3 full years on the day you file

3) Your spouse must have been a US citizen for 3 full years on the day that you file.

Otherwise you have to apply under the 5 year rule and file 5 years - 90 days from the date you became a citizen.

So under the 3 year rule you can apply in:

September 2018 (this is when you will meet the 3rd requirement)

But under the 5 year rule you can apply in:

October 2017 (5 years - 90 days from your residency date)

So, assuming you meet all other requirements, the soonest you can apply is October 2017.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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