The 3 year question

[andymac 4]

Hi all

I was wondering when I could apply for my citizenship .... I read ths on this on BE forum.....

NOTE: For certain family members, the typical five year waiting period may be reduced to three years.

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application the applicant has:

  · been married to and living in a valid marital union with the same U.S. citizen spouse for all three years

  · the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements

  · the applicant meets all other naturalization requirements

My timeline:

Married USC October 2007 - we lived in London.

We arrived USA July 2008 - I was on L1 visa, been here in USA as married couple since then

Applied AOS April 2010

Biometrics June 2010

Interview scheduled July 2010

Assuming GC approved next month, and considering time married ect ....... When will I be able to apply for citizenship?

Thanks all

[payxibka 10,048]

Hi all

I was wondering when I could apply for my citizenship .... I read ths on this on BE forum.....

NOTE: For certain family members, the typical five year waiting period may be reduced to three years.

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application the applicant has:

· been married to and living in a valid marital union with the same U.S. citizen spouse for all three years

· the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements

· the applicant meets all other naturalization requirements

My timeline:

Married USC October 2007 - we lived in London.

We arrived USA July 2008 - I was on L1 visa, been here in USA as married couple since then

Applied AOS April 2010

Biometrics June 2010

Interview scheduled July 2010

Assuming GC approved next month, and considering time married ect ....... When will I be able to apply for citizenship?

Thanks all

3 year rule eligibility is based on the latest of three dates...

1) three years married (October 2010)

2) thee years USC spouse has been a US citizen (I will assume since birth)

3) three years as permanent resident (July 2013)

based on the latest date of the three and if you do receive your greencard in July 2010, then it is July 2013 before you are eligible

Edited June 30, 2010 by payxibka

[aleful 1,905]

Hi all

I was wondering when I could apply for my citizenship .... I read ths on this on BE forum.....

NOTE: For certain family members, the typical five year waiting period may be reduced to three years.

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application the applicant has:

  · been married to and living in a valid marital union with the same U.S. citizen spouse for all three years

  · the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements

  · the applicant meets all other naturalization requirements

My timeline:

Married USC October 2007 - we lived in London.

We arrived USA July 2008 - I was on L1 visa, been here in USA as married couple since then

Applied AOS April 2010

Biometrics June 2010

Interview scheduled July 2010

Assuming GC approved next month, and considering time married ect ....... When will I be able to apply for citizenship?

Thanks all

not only a minimum of 3 years of marriage, but also 3 years of being a Resident. So 3 years from the date you get your GC, 90 days before the 3 years you can apply for the N400, so 2013 would be the year you can apply, if you are still married to your spouse.

[cookieroe97 0]

Hello,

LATEST date of the three? Well, here's my info:

I am a US Citizen who was living in Peru, then got married there. My wife got a CR1 visa. The process (from getting married in May to her getting her visa in September of that year):

1) Married May 5, 2006 (in Lima, Peru)

2) Enter USA with my wife: Oct 3, 2006

3) Removal of condition in April 30, 2009

So, according to this information, my wife will not be eligible until April 30, 2012??? I was told and was led to believe she would be eligible for US citizenship Oct, 2009. I admit we've been dragging our feet with her naturalization, but this news goes against every thing we thought was correct.

Can anyone shed some light on this please??

Edward R.

[aleful 1,905]

Hello,

LATEST date of the three? Well, here's my info:

I am a US Citizen who was living in Peru, then got married there. My wife got a CR1 visa. The process (from getting married in May to her getting her visa in September of that year):

1) Married May 5, 2006 (in Lima, Peru)

2) Enter USA with my wife: Oct 3, 2006

3) Removal of condition in April 30, 2009

So, according to this information, my wife will not be eligible until April 30, 2012??? I was told and was led to believe she would be eligible for US citizenship Oct, 2009. I admit we've been dragging our feet with her naturalization, but this news goes against every thing we thought was correct.

Can anyone shed some light on this please??

Edward R.

what's the date of her first GC, that's when the clock starts ticking, not from the day she had her 10 year GC.

you didn't mention the exact date she became a LPR, was it September of what year? Count 3 years from that date, and 90 days before the 3 years she can file for naturalization.

[cookieroe97 0]

what's the date of her first GC, that's when the clock starts ticking, not from the day she had her 10 year GC.

you didn't mention the exact date she became a LPR, was it September of what year? Count 3 years from that date, and 90 days before the 3 years she can file for naturalization.

I'm sorry, since we no longer have the 1st green card anymore, I calculate it was issued a couple of months AFTER she arrived (Oct 2006). ALTHOUGH, on her current GC, it says she's been a resident since 10/03/2006.

Please realize when she first got here, her GC said Non-permanent resident. Her current GC says "Permanent Resident Card". I vividly remember the agent telling us that she would be eligible for citizenship in 3 years. On another occasion, when we went to get her conditions removed, we were told she can file her N400 in October of 2009.

Thanks again!!!

EDIT: She became a LEGAL PERMANENT RESIDENT as of the date of her origianl admission or adjustment of status on April 30, 2009

Edward R.

Edited July 1, 2010 by cookieroe97

[cookieroe97 0]

I'm SORRY, I'm an idiot

I just found a copy of her 1st GC. It does indeed say PERMANENT RESIDENT CARD and it states: Resident since: 10/03/2006........... so this means I can go ahead on file her N400, right?

Aleful, thanks for pointing me in the right direction and clarifying!

[aleful 1,905]

I'm SORRY, I'm an idiot

I just found a copy of her 1st GC. It does indeed say PERMANENT RESIDENT CARD and it states: Resident since: 10/03/2006........... so this means I can go ahead on file her N400, right?

Aleful, thanks for pointing me in the right direction and clarifying!

anytime she wants. from Oct 2009 she has been able to, so go ahead whenever she wants to.

[1HappyGuy 45]

My wife is wondering whether her son qualifies under that special three year rule too. I'm pretty sure he doesn't since he's not married to me, but she thinks because he came under her visa that he should qualify.

Does anyone know if there is an exception to the 5 year rule for children to follow. He has passed the three year mark but still has some time to go for the 5 year.

My wife wants him to get citizenship so he can return to Ukraine for a visit and not end up serving mandatory time in the military.

I've looked on the USCIS site but could not find anything that indicated a possible exception. I hope someone knows where we can find one, if it exists.

Thanks to any for help.

[payxibka 10,048]

My wife is wondering whether her son qualifies under that special three year rule too. I'm pretty sure he doesn't since he's not married to me, but she thinks because he came under her visa that he should qualify.

Does anyone know if there is an exception to the 5 year rule for children to follow. He has passed the three year mark but still has some time to go for the 5 year.

My wife wants him to get citizenship so he can return to Ukraine for a visit and not end up serving mandatory time in the military.

I've looked on the USCIS site but could not find anything that indicated a possible exception. I hope someone knows where we can find one, if it exists.

Thanks to any for help.

He gets citizenship automatically if your wife naturalizes at three years (and is under 18) otherwise he qualifies at 5 years residency on his own

[1HappyGuy 45]

Thanks for the response. I knew about the under 18 rule, but my stepson will be 24 on Monday. I was just hoping there was some loophole for him. It looks like the 5 year period is his route, but he will be almost to the age limit for their military service by then. I guess if he wants to visit he'll have to take his chances. I don't think Ukraine is pushing military service too hard, especially now that they aren't part of the coalition in Iraq or Afghanistan.