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Really confused about "3 year" requirement

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

My husband and I are hitting the 3 year anniversary but he has only been in the states for about a year and half and he only got his 10 year green card 2 months ago. when does the 3 year requirement for us citizenship start?

03/09/2013: Married

09/10/2013: Sent I-130

09/12/2013: Case Received.

03/04/2014: Petition transferred to Nebraska Service Center.

03/25/2014: I-130 Petition approved

03/28/2014: Petition sent to NVC

04/09/2014: NVC received case

05/08/2014: NVC assigned case number

05/16/2014: Paid AOS fee

10/02/2014: Case Closed

10/10/2014: Interview Date Scheduled

11/17/2014: Interview - APPROVED!!

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Filed: Timeline

As far as I know, you have to have been married and living together in the USA. Look at the issue date on his first Green Card - 90 days before the 3-year anniversary that he received it.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Hope this helps! :star:

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

Im sorry, huh? He only got one green card. its a ten year one. We are confused about when he can apply for naturalization. We have been married since 2006. WHen do we start counting off the 3 years, on the day he entered the U.S. or the day he got his permanent resident card (green card)? Im sorry im about so thick headed about this thank you for your reply :)

As far as I know, you have to have been married and living together in the USA. Look at the issue date on his first Green Card - 90 days before the 3-year anniversary that he received it.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Hope this helps! :star:

03/09/2013: Married

09/10/2013: Sent I-130

09/12/2013: Case Received.

03/04/2014: Petition transferred to Nebraska Service Center.

03/25/2014: I-130 Petition approved

03/28/2014: Petition sent to NVC

04/09/2014: NVC received case

05/08/2014: NVC assigned case number

05/16/2014: Paid AOS fee

10/02/2014: Case Closed

10/10/2014: Interview Date Scheduled

11/17/2014: Interview - APPROVED!!

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Filed: Citizen (apr) Country: Indonesia
Timeline

It's 3 years after the day he become permanent resident, of course have to married with the some us citizen in that years.

I-751 Process

05/01/08 Sent I-751 Package to TSC

05/07/08 Checks Cashed

05/15/08 CRI89 transferred to VSC

05/21/08 NOA Date

05/28/08 Biometrics

12/24/08 The Application transferred to the USCIS Memphis Sub Office

01/22/09 Contact USCIS about the case

04/08/09 Got email about Card Production Ordered

04/11/09 Received Approval Letter by Mail

04/16/09 Received 10 years Green Card

Naturalization

08/10/09 Sent N-400 package

08/13/09 Check cashed

08/17/09 Received NOA

08/29/09 Received Biometric appointment Letter

09/04/09 Biometric

09/21/09 Received Interview Letter

11/06/09 Interview

12/17/09 Oath Ceremony

Passport Processing

03/10/10 Applied US Passport (Normal)

03/25/10 Received US Passport

03/27/10 Received Naturalization Certificate

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What Jesti said. Look at the date on the green card. It is 3 years from the date that he first became a PR, provided he has been married to the same USC for those 3 years. You can submit the application 90 days prior to that date.

IE: My PR status began May 14,2007, therefore I am eligible as of May 14, 2010 and can apply 90 days before that date.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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It's 3 years from whatever date he became a PR. So if he became a PR in 08/09, then it's 08/2012. You can send in the application 90 days prior to whatever the date is in 08/2012.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

thank you all so much for clarifying that for me!

03/09/2013: Married

09/10/2013: Sent I-130

09/12/2013: Case Received.

03/04/2014: Petition transferred to Nebraska Service Center.

03/25/2014: I-130 Petition approved

03/28/2014: Petition sent to NVC

04/09/2014: NVC received case

05/08/2014: NVC assigned case number

05/16/2014: Paid AOS fee

10/02/2014: Case Closed

10/10/2014: Interview Date Scheduled

11/17/2014: Interview - APPROVED!!

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Do you need to prove somehow that you've been "physically present in the United States for at least 18 months out of the 3 years"?

Your passport proves that - it's stamped with US admission stamps and it will say how long you have been gone.

ROC 2009
Naturalization 2010

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Filed: Timeline

It starts on the date his permanent resident was approved.

My husband and I are hitting the 3 year anniversary but he has only been in the states for about a year and half and he only got his 10 year green card 2 months ago. when does the 3 year requirement for us citizenship start?
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Filed: AOS (apr) Country: Philippines
Timeline
Do you need to prove somehow that you've been "physically present in the United States for at least 18 months out of the 3 years"?

Your passport proves that - it's stamped with US admission stamps and it will say how long you have been gone.

Does USCIS really have records of your departure dates from the airline companies?

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Filed: Citizen (apr) Country: Canada
Timeline

You are also required to provide the dates that you are out of the country - and back up your statements with evidence like passport stamps. You are required to bring your passports with you to the citizenship interview and they review the dates if you are at all close to the limit. If you do not meet the residence requirements but try to 'fudge' the dates by misrepresenting the information you have no way of knowing what resources they do have and can consult (ie. airlines, etc.) so you are playing with fire. Misrepresentation will mean a denial of your citizenship request and may also mean the removal of your green card status and deportation. Is it worth the risk instead of waiting for the months that you need to make sure you qualify? Nope, not even close. If you do not meet the residency requirements don't ask 'how will they know?'. You don't want to tangle with USCIS. Be safe. Tell the truth.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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