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I hope I can get some suggestions here. Can I apply for naturalization under the 3 year rule even tough my green card was not marriage based? I have has my green card for 7 years but I spent a lot of time caring for family over seas in 2 years ago even though non of my trips was over 6 months continuous I know it will raise some red flags as I usually spent 4 to 5 months over seas and returned here for a month before going back. I have how ever been here sontinuously for 19 months. My husband is a USA citizen. We have been married for over3 years. So will I qualify to apply based on being here for 19 months continuous and married to a us citizen? I have filed taxes every year since I became a permanent citizen

Posted

I hope I can get some suggestions here. Can I apply for naturalization under the 3 year rule even tough my green card was not marriage based? I have has my green card for 7 years but I spent a lot of time caring for family over seas in 2 years ago even though non of my trips was over 6 months continuous I know it will raise some red flags as I usually spent 4 to 5 months over seas and returned here for a month before going back. I have how ever been here sontinuously for 19 months. My husband is a USA citizen. We have been married for over3 years. So will I qualify to apply based on being here for 19 months continuous and married to a us citizen? I have filed taxes every year since I became a permanent citizen

You can apply based on marriage but you can qualify based on 5-year residency as well which requires less documentation and has in general a smoother interview process when compared to marriage-based applications. It looks like you have a lot of trips for the last 2 years, but how about the 3 years preceding that period?

Look at the past 5 years. If you were present in the US at least 30 months out of the last 5 years and none of your trips was longer than 6 months, then you satisfy both the continuous residence and the physical presence requirement and you can apply based on 5-year residency.

So before applying based on marriage, look at your total time in the US for the last 5 years and decide accordingly.

 
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