us citizenship US citizenship legible

[Sor ses 0]

I come to us since 2004 as F1 and graduated in 2013. Got green card through married in 2014. Does 5 years legible to apply us citizenship count from the date I got green card in 2014 or from the date I entered the US in 2004? Do I have to wait till 5 years to apply cos we got divorce before 3 years period require?

[Roel 7,191]

From the day you got your green card. 

Arriving on the US itself means nothing. 

 

[Sor ses 0]

9 minutes ago, Roel said:

From the day you got your green card. 

Arriving on the US itself means nothing. 

 

Now, its 4 years since I hold card card. Should I wait till 5 years then apply for citizenship? Or I can just file now which is 4 years period. By the way, we married less than 1 year. We divorce before I even got 10 year green card. I filed to adjust status alone received 10 year green card based on emotional abuse. 

[Jamerican_81 1]

if your married to a us citizen you can file for citizenship after 3 years

[Going through 5,668]

5 minutes ago, Sor ses said:

Now, its 4 years since I hold card card. Should I wait till 5 years then apply for citizenship? Or I can just file now which is 4 years period. By the way, we married less than 1 year. We divorce before I even got 10 year green card. I filed to adjust status alone received 10 year green card based on emotional abuse. 

Wait the 5 years.  Your marital status will be irrelevant to USCIS then.

 

[Unlockable 7,306]

23 minutes ago, Sor ses said:

Now, its 4 years since I hold card card. Should I wait till 5 years then apply for citizenship? Or I can just file now which is 4 years period. By the way, we married less than 1 year. We divorce before I even got 10 year green card. I filed to adjust status alone received 10 year green card based on emotional abuse. 

So you are divorced now? If so, best to wait the 5 year time frame.

 

18 minutes ago, Jamerican_81 said:

if your married to a us citizen you can file for citizenship after 3 years

 

16 minutes ago, Going through said:

Wait the 5 years.  Your marital status will be irrelevant to USCIS then.

 

Sounds like they are divorced now.

[Sor ses 0]

17 minutes ago, Jamerican_81 said:

if your married to a us citizen you can file for citizenship after 3 years

I married to us citizenship but we already divorce. So 3 years wouldn’t apply? Cos it need to be stay married for 3 years, right?

[Going through 5,668]

Just now, NuestraUnion said:

So you are divorced now? If so, best to wait the 5 year time frame.

 

 

Sounds like they are divorced now.

Oh I know they are divorced now....I only brought up the part about the marital status being irrelevant after the 5 year period since OP was pointing out how long they had been married for/ previously applying for VAWA, etc. as if it would still be an issue during the N400 stage after 5 years.

[Sor ses 0]

4 minutes ago, NuestraUnion said:

So you are divorced now? If so, best to wait the 5 year time frame.

 

 

Sounds like they are divorced now.

Yes, we already divorced. I guess I have to for another year but I just wonder if I could apply in 4 years period since I have read this from law company as below:

Exception to Five-Year Rule for Battered Spouses of a U.S. Citizen Granted VAWA Protection

Congress didn't want immigrants to have to stay in an abusive marriage for three years just to obtain the benefit of the three-year exception when they applied for U.S. citizenship. So it created an exception for people who got their green cards through marriage to a U.S. citizen, but based on a self-petition on Form I-360 due to the fact that the U.S. citizen is physically or emotionally abusive. These immigrants can apply for U.S. citizenship using the three-year exception.

 

[Unlockable 7,306]

4 minutes ago, Sor ses said:

I married to us citizenship but we already divorce. So 3 years wouldn’t apply? Cos it need to be stay married for 3 years, right?

Correct. The criteria for applying for citizenship under the 3 year rule is being a permanent resident of the US (green card holder) and being married to the US citizen during those 3 years. You only have one more year to go. The 5 year citizenship process will be much easier.

[Starkilla09 366]

You’re eligible as of right now to apply for naturalization under the 3 year rule since you’re a recipient of an approved I-751 abuse waiver even though you’re divorced from your U.S. citizen spouse. You can also wait a little and apply under the 5 year rule as early as 90 days prior to your 5th anniversary of being a permanent resident as shown on your green card. The later is more streamlined and requires less paper work so you might wanna consider if you’re not in a haste and can still wait.

[Going through 5,668]

9 minutes ago, Sor ses said:

I married to us citizenship but we already divorce. So 3 years wouldn’t apply? Cos it need to be stay married for 3 years, right?

yes you *can* apply under the 3-year rule with proof of divorce, and proof of entering the marriage with bonafide intent.

 

What myself and others are pointing out, is that it's much easier on you in terms of approval/documents needed if you wait the 5 years, because then your application is based on your residency in the US, rather than your prior marriage.

 

Of course, the choice is yours.

Edited June 26, 2018 by Going through

[Unlockable 7,306]

2 minutes ago, Sor ses said:

Yes, we already divorced. I guess I have to for another year but I just wonder if I could apply in 4 years period since I have read this from law company as below:

Exception to Five-Year Rule for Battered Spouses of a U.S. Citizen Granted VAWA Protection

Congress didn't want immigrants to have to stay in an abusive marriage for three years just to obtain the benefit of the three-year exception when they applied for U.S. citizenship. So it created an exception for people who got their green cards through marriage to a U.S. citizen, but based on a self-petition on Form I-360 due to the fact that the U.S. citizen is physically or emotionally abusive. These immigrants can apply for U.S. citizenship using the three-year exception.

 

OK. You didn't previously mention anything about an abusive marriage. If you fall into this category then I suggest you seek legal counsel. Or are you just searching for any way to apply now? 

 

There is no rush to get naturalized now. Waiting one more year would be beneficial to you.

[Starkilla09 366]

8 minutes ago, Sor ses said:

Yes, we already divorced. I guess I have to for another year but I just wonder if I could apply in 4 years period since I have read this from law company as below:

Exception to Five-Year Rule for Battered Spouses of a U.S. Citizen Granted VAWA Protection

Congress didn't want immigrants to have to stay in an abusive marriage for three years just to obtain the benefit of the three-year exception when they applied for U.S. citizenship. So it created an exception for people who got their green cards through marriage to a U.S. citizen, but based on a self-petition on Form I-360 due to the fact that the U.S. citizen is physically or emotionally abusive. These immigrants can apply for U.S. citizenship using the three-year exception.

 

Correct, same 3 year exemption also applies to those approved for I-751 abuse waiver. So you’re eligible as well.

Edited June 26, 2018 by Starkilla09

[Sor ses 0]

2 minutes ago, NuestraUnion said:

OK. You didn't previously mention anything about an abusive marriage. If you fall into this category then I suggest you seek legal counsel. Or are you just searching for any way to apply now? 

 

There is no rush to get naturalized now. Waiting one more year would be beneficial to you.

Yes, true. I think so about 5 years rule would be the best way to apply. I can wait another year., of course. I’m just curious about what if I could apply in 4 year period based on self pertition form I-360 but now I can see it’s gonna be a lot of paperworks to go through again. Cos when I filed to remove my conditional green card, it was hard to pull all papers together to proof the true marriage.