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RichMiami

Citizenship from Green Card - married to newly US Citizen

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I am hoping someone might be able to clarify if I may be eligible to apply for US Citizenship (from Green Card) sooner due to my wife becoming a US Citizen in June 2013.

My wife and I are both Canadian and have both green cards. She applied for her US Citizenship in February and we expect her to receive her US Citizenship between May and August 2013. At that point, i will have been a US resident for 3.5 years. I will be married to a US Citizen and thus wondering if i would quality to apply for US Citizenship soon after my wife gets her citizenship.

I understand that when you get a green card you have to reside in US for 5 years before you can apply for US Citizenship. I also understand that if you marry a US Citizen, the path to citizenship involves residing in US for 3 years rather than 5.

I would appreciate if anyone has any feedback on this matter.

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This qn has been asked before. The rules state you must be married to a USC for at least 3 years and have been an LPR for 3 years. There is nothing in the rules that say that they must BE a USC for 3 years.

So go ahead and file.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

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You qualify to the US based on marriage if you are married to a US citizen for at least 3 years. But it seems you've been a permanent resident for 3.5 years... so I guess due to the time, why don't you wait a year and a half to get the US citizenship??


Citizenship process

12/15/2012: Mailed N400 to Dallas Texas

12/26/2012: NOA received

01/14/2013: Biometrics Appointment

10/18/2013: Placed in line for the interview

02/16/2013: Yellow letter received

02/19/2013: Interview letter received

03/20/2013: Interview/test

03/20/2013: Passed!!!!!

03/25/2013: Placed in the oath scheduling que (time to wait for the oath ceremony date)

04/05/2013: Oath ceremony schedule and notice its on its way!!!!

04/10/2013: Received oath ceremony letter

04/24/2013: Oath ceremony at 7:00 am!!

06/27/2013: Got married

11/14/2013: AOS package sent

11/18/2013: Package received

11/20/2013: USCIS email notification

12/16/2013: Biometrics appointment

01/15/2014: Got appointment letter

02/18/2014: Passed the interview

02/18/2014: Case approved!!!

02/22/2014: Got welcome letter

02/24/2014: Green card was mailed (time to wait)

01/21/2016: Petition to remove conditions sent

02/04/2016: CR-89 received, fingerprint appointment scheduled

08/02/2016: Status updated: "New card is being produced"

08/04/2016: Status updated: "We mailed your new card"

08/08/2016: Received new card, yayyyyy!!!

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This qn has been asked before. The rules state you must be married to a USC for at least 3 years and have been an LPR for 3 years. There is nothing in the rules that say that they must BE a USC for 3 years.

So go ahead and file.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

You are wrong to be qualified to apply under the 3 years rule the Immigrant's spouse should be a citizen for three years, Refer to the N400 instructions manual.[ First page " Who May File"]

Back to the question ; you have to wait until your reach the 5 years anniversary - 90 days


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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I am hoping someone might be able to clarify if I may be eligible to apply for US Citizenship (from Green Card) sooner due to my wife becoming a US Citizen in June 2013.

My wife and I are both Canadian and have both green cards. She applied for her US Citizenship in February and we expect her to receive her US Citizenship between May and August 2013. At that point, i will have been a US resident for 3.5 years. I will be married to a US Citizen and thus wondering if i would quality to apply for US Citizenship soon after my wife gets her citizenship.

I understand that when you get a green card you have to reside in US for 5 years before you can apply for US Citizenship. I also understand that if you marry a US Citizen, the path to citizenship involves residing in US for 3 years rather than 5.

I would appreciate if anyone has any feedback on this matter.

If you look at the requirements here you will clearly see that your spouse must be a US citizen for 3 years as you must provide proof of this with birth certificate, or Naturalization Certificate, etc, So for you the fastest method to obtain USC is to file based on the 5 year rule.

Good luck,

Dave

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This qn has been asked before. The rules state you must be married to a USC for at least 3 years and have been an LPR for 3 years. There is nothing in the rules that say that they must BE a USC for 3 years.

So go ahead and file.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

It states in your link that:

  • 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

Which I interpert that the spouse must have been a USC for the 3 years immediately preceeding the date of filing and in my link provided it clearly states that the spouse must have been a USC for 3 years before filing the application. So it appears that it is a LPR for 3 years, married to a USC for 3 years, and the spouse must have been a USC for at least 3 years before the application is filed.

Dave

Edited by Dave&Roza

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well said Dave


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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It states in your link that:

  • 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
Which I interpert that the spouse must have been a USC for the 3 years immediately preceeding the date of filing and in my link provided it clearly states that the spouse must have been a USC for 3 years before filing the application. So it appears that it is a LPR for 3 years, married to a USC for 3 years, and the spouse must have been a USC for at least 3 years before the application is filed.

Dave

i'll be honest, I didn't re-read the link. This question was asked last year and it was shown that it didn't matter and everyone was all up in arms about it. I have no problem with being corrected so thank you for the clarification for the OP.

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Even if she got her citizenship and you have been married to her for 3 years and you have been a permanent resident for 3 years, she actually have to be a US citizen for 3 years for you to be eligible to apply for citizenship through her. That lives you with the 5 years option. It's kind of tricky but you see that 3 year citizenship requirement only in the application. I think USCIS has to clarify that. But you still have only 1.5 years besides it will be easier to apply through the 5 year rule, less papers. You might be asked though, depends on the officer.

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Yes there is. U have to be married to a USC and living together for 3 years so if she's becoming a citizen in few months that won't do u any good. Your only option is to wait until 90 days before your 5 years anniversary of being a LPR than apply. Best of luck

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