3 Year Rule Question

[tcgator 1]

Hi all,

Can someone please provide some clarification for me re: the 3 year rule? Are we eligible to file for citizenship as of our marriage date or should it be the date our Adjustment of Status was approved?

Background info:

- husband arrived on K1 visa January 2014

- Married February 2014

- Applied for Adjustment of Status March 2014

- Adjustment of Status approved March 2015

- Green card received April 2015

As of February 2017, we will have been married for 3 years and resided in the US the whole time. So can we apply for citizenship then? Or do we need to wait until March 2018, which will be the 3 year mark that our Adjustment of Status was approved?

Any help is greatly appreciated!

[p-ana 933]

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

[aleful 1,905]

hi

both have to happen,

residence since, the resident will remove conditions first if needed, then apply for citizenship when being a LPRfor 3 years and also married with the USC at least 3 years

so he has a 2 year GC, right? he will need to remove conditions first, 90 days from the expiration date of his 2 year GC to get the 10 year GC

now for counting time for citizenship, the date on the 2 year GC, resident since counts

Edited July 31, 2016 by aleful

[Cheezees 1,514]

Please check out the N-400 form and all its related forms at USCIS.gov/forms. They tell you exactly when you can apply for citizenship and they answer many other questions you may have. Good luck!

[tcgator 1]

hi

both have to happen,

residence since, the resident will remove conditions first if needed, then apply for citizenship when being a LPRfor 3 years and also married with the USC at least 3 years

so he has a 2 year GC, right? he will need to remove conditions first, 90 days from the expiration date of his 2 year GC to get the 10 year GC

now for counting time for citizenship, the date on the 2 year GC, resident since counts

Thank you. Yes, we will apply to remove the conditions around January 2017 to get the 10 year green card.

I guess I was too hopeful in my interpretation of the rule, as we had to wait a whole year before we received the green card.

My husband is an aerospace engineer so there are a lot more job opportunities once he has obtained citizenship, so we were really hopeful that we could apply as soon as possible. Looks like we will have to wait until 2018 though.

[tcgator 1]

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Thank you, this makes it perfectly clear that it IS 3 years after green card date.