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INCHAPE7

Marital Union Criteria for N-400 based on Marriage

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Hi,

 

I have been married to my US citizen spouse since Jan 2014. So currently it's 3 years and 10 months. I applied to remove conditions( I-751) in Dec 2016 and it's still pending( obviously!). I saw many are applying for naturalization based on the 3 year married to US citizen criteria. I know we are eligible to apply 90 days before the 3rd year of continuous residence. My confusion is, USCIS states that we should be married and living in marital union for past 3 years, but my concern is, I was married to the same US citizen spouse in 2014 in my native country and later she filed for I-130 while i had remain at my native country for almost a 1 year and 2 months before my i-130 was approved, and i immigrated in 2015 Feb. So technically i'm married for over 3 years but when it comes to living together, it's just 2 years and 9 months( since the day i entered USA in Feb 2015). So can i still go ahead and apply for Naturalization or should i wait to complete three years of living together with my wife before i will be eligible. I qualify when it comes to the rest of the criteria based on 3 years marriage to US citizen. Kindly help if anyone has been in this situation. I couldn't find any threads on this topic.

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You can apply to become a US citizen after three years of being a permanent resident (approval of Greencard) based on marriage with a US citizen. You can apply 90 days before that date so yes, you can go ahead and file it now since you meet all the criteria. 

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u are amazing in making the most simple question the most complex one. I never even read the code that i am coding twice .. but u made me read ur question twice .. anyway here is the answer.

 

Once u because GC holder .. then the clock starts .. 3 years from being GC holder 

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Thanks guys for the reply.

I found this under USCIS policy Manual.

"D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must be the spouse of a U.S. citizen from the time of filing the Application for Naturalization until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse prior to filing the Application for Naturalization. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

 

 

Based on the USCIS policy manual quote above( especially underlined portion),  let me zoom in to the main concern again and i will simplify. Do i need to be living in the same house with my spouse for continuously straight 3 years to be eligible. Like i said, though i've been married for over three years, i have only lived with her for only 2 years and 9 months until this date. No military background for both of us. Please help.

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Moved from IR-1/CR-1 Progress Reports to US Citizenship Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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21 hours ago, INCHAPE7 said:

Thanks guys for the reply.

I found this under USCIS policy Manual.

"D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must be the spouse of a U.S. citizen from the time of filing the Application for Naturalization until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse prior to filing the Application for Naturalization. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

 

 

Based on the USCIS policy manual quote above( especially underlined portion),  let me zoom in to the main concern again and i will simplify. Do i need to be living in the same house with my spouse for continuously straight 3 years to be eligible. Like i said, though i've been married for over three years, i have only lived with her for only 2 years and 9 months until this date. No military background for both of us. Please help.

 

The 3 years  is from the date you got the LPR status.  The marital union thing is no issue for you, this is a very common way to file under the 3 year rule.   It is more aimed at preventing couples who are separated from filing under the 3 year rule, etc.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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On ‎11‎/‎3‎/‎2017 at 2:13 PM, Californiansunset said:

You can apply to become a US citizen after three years of being a permanent resident (approval of Greencard) based on marriage with a US citizen. You can apply 90 days before that date so yes, you can go ahead and file it now since you meet all the criteria. 

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

 

They can only apply after living for 3 years with the their USC spouse in the same residence.

 

So in scenario :

 

I-130 approved -> GC interview at the embassy -> GC was approved in native country in January 2015

  • Alien spouse travels to US in January 2015 and starts living with USC spouse right away then they would only be eligible to apply on February 1 2018 ( to be sure - lets say they came in January 15 not January 1)
  • Alien spouse travels to US in March 2015 and starts living with USC spouse right away then they would only be eligible to apply in April 2018
  • If alien spouse comes to the US and does not start living with US spouse until June 2015, then they would only be eligible to apply July 2018

There have been numerous cases denied due to not meeting the residency requirement - they will count the days, not to mention the months and when it comes to the N-400 at 3 year mark, you do not get the same tolerance of 90 days before meeting the residency requirement....

 

 


  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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My take on dates of GC approval...

Approval at consular interview is the IR CR visa, giving the beneficiary to right to appear at POE and request to be allowed to enter and take LPR status.. LPR status... and hence have a GC, is only conferred when you enter the US. 

 

Once this happens, the GC when received, will have the date of POE as the date for LPR since....

 

So, if you remain married to the person who filed your I130, then 90 days before the 3 year anniversary of  your POE, you can file for Naturalization. 

 

Length of marraige before POE has nothing to do with the N400 filing date 

Edited by Dee elle

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12 minutes ago, candybabe said:

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

LPR status is granted at POE upon entry on an immigrant visa. A visa being issued is not when LPR status begins. "Green card approval" is an inaccurate/confusing term here...there's the visa being issued and entry on the immigrant visa.

 

For the purposes of anything to do with LPR status, this falls under the latter. Prior to LPR status, it just means you have a piece of paper that (in part) lets you board a plane and apply for entry.

 

As for the OP's actual question, I don't see an issue with filing in the 90 day period.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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13 minutes ago, Dee elle said:

My take on dates of GC approval...

Approval at consular interview is the IR CR visa, giving the beneficiary to right to appear at POE and request to be allowed to enter and take LPR status.. LPR status... and hence have a GC, is only conferred when you enter the US. 

 

Once this happens, the GC when received, will have the date of POE as the date for LPR since....

 

So, if you remain married to the person who filed your I130, then 90 days before the 3 year anniversary of  your POE, you can file for Naturalization. 

 

Length of marraige before POE has nothing to do with the N400 filing date 

You are NOT eligible for naturalization at 90 days BEFORE meeting the 3 years continuous residence with the USC.

https://www.uscis.gov/n-400

 

 

Edited by candybabe

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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3 minutes ago, candybabe said:

You are NOT eligible to file 90 days BEFORE meeting the 3 years continuous residence with the USC !!!

https://www.uscis.gov/n-400

 

 

From above link, Instructions... Early filing    please read...     🤔

 Early Filing.   An applicant filing under the general naturalization provision (section 316(a) of the INA) may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as a lawful permanent resident (LPR).   An applicant filing as the spouse of a U.S. citizen under section 319(a) of the INA  may f ile up to 90 days before meeting the required 3-year period of continuous residence as an LPR.   Although an applicant may file early according to the 90-day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3- or 5-year period of continuous residence as an LPR.   Applicants filing up to 90 days before meeting the continuous residence requirement must still meet all other requirements for naturalization at the time of filing Form N-400.  For example, an applicant filing under section 319(a) of the INA  must meet all other requirements as the spouse of a U.S. citizen at the time of filing.

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6 minutes ago, candybabe said:

You are NOT eligible for naturalization at 90 days BEFORE meeting the 3 years continuous residence with the USC.

https://www.uscis.gov/n-400

see above -


  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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4 minutes ago, candybabe said:

see above -

I did see above..Page 4, after part 6 of How to fill out  the form.....in bold it says MAY file in the 90 period before the 3 years contiuous residence... where are you reading that they cannot? 

Edited by Dee elle

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33 minutes ago, candybabe said:

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

 

They can only apply after living for 3 years with the their USC spouse in the same residence.

 

So in scenario :

 

I-130 approved -> GC interview at the embassy -> GC was approved in native country in January 2015

  • Alien spouse travels to US in January 2015 and starts living with USC spouse right away then they would only be eligible to apply on February 1 2018 ( to be sure - lets say they came in January 15 not January 1)
  • Alien spouse travels to US in March 2015 and starts living with USC spouse right away then they would only be eligible to apply in April 2018
  • If alien spouse comes to the US and does not start living with US spouse until June 2015, then they would only be eligible to apply July 2018

There have been numerous cases denied due to not meeting the residency requirement - they will count the days, not to mention the months and when it comes to the N-400 at 3 year mark, you do not get the same tolerance of 90 days before meeting the residency requirement....

 

 

 

Do you have any links to cases where people filed in the 90 days before 3 years of "living together" and LPR status that got denied?  I can not think of one such case I've seen, unless it has something to do with your local field office, Hartford, who are beyond notoriously incompetent and unaware of USCIS policies.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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6 minutes ago, Dee elle said:

I did see above..Page 4, after part 6 of How to fill out  the form.....in bold it says MAY file in the 90 period before the 3 years contiuous residence... where are you reading that they cannot? 

They can file but they are not eligible for naturalization before the 3 year mark -


  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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