Am i already eligible for naturalization (90 day early application)?

[npcompletehuman 0]

Became a permanent resident on: April 10, 2015 (Resident Since date on my PR. Also I got my GC via company's sponsorship). Married on: September 20, 2015 (My wife is a US citizen and her date of naturalization is November 16, 2009) 

Am I eligible to apply for naturalization (using the 90 day early application period) right now? 

Thanks in advance for any help!

[CTgal18 157]

As long as you are still living in marital union with the same wife, and meet the continuous, physical and residency requirements, you became eligible as of 6/22/18.

 

 

 

[npcompletehuman 0]

CTgal18

Thank you very much for your response. That is exactly what I thought too, but on my online N400 form, when I am filling it up it is giving me the following error:

 

Quote

You may not be eligible to apply for naturalization as the spouse of a U.S. citizen
 

You indicated that you have been married to your U.S. citizen spouse for less than 3 years. In order to apply for naturalization, you must be married to and living with the same U.S. citizen for at least 3 years or be married to a U.S. citizen who is employed abroad by the U.S. government or a qualifying organization.

You can continue filling out your application and submit it, and we will contact you if we have any questions or need additional information.

Does that mean I am still not eligible?

[marriedtomrg 141]

If I am reading this right...you said you got your GC through company sponsorship. That would mean you would be eligible for citizenship after 5 years.

 

If you got your GC through marriage to a US citizen (either arriving here on a K1 Visa then getting married, or arriving here on a K3 Visa already married to a USC, or through an IR-1 Visa already married to a USC), then the 3 year rule would apply.

 

Does that make sense? You already had your GC before you married your wife. She did not help you acquire your GC by marriage.

 

 

[Starkilla09 366]

1 hour ago, marriedtomrg said:

If I am reading this right...you said you got your GC through company sponsorship. That would mean you would be eligible for citizenship after 5 years.

 

If you got your GC through marriage to a US citizen (either arriving here on a K1 Visa then getting married, or arriving here on a K3 Visa already married to a USC, or through an IR-1 Visa already married to a USC), then the 3 year rule would apply.

 

Does that make sense? You already had your GC before you married your wife. She did not help you acquire your GC by marriage.

 

 

It doesn’t matter how he originally got his green card. He can apply under 3 year rule provided he has been married for 3 years to a U.S. citizen, has been a permanent resident for at least 3 years, his spouse has been a U.S. citizen for at least 3 years, still living with his U.S. citizen spouse and also meets all other physical and residency require ya for naturalization. Based on the provided information above he’s good to go.

Edited July 16, 2018 by Starkilla09

[npcompletehuman 0]

14 hours ago, marriedtomrg said:

If I am reading this right...you said you got your GC through company sponsorship. That would mean you would be eligible for citizenship after 5 years.

 

If you got your GC through marriage to a US citizen (either arriving here on a K1 Visa then getting married, or arriving here on a K3 Visa already married to a USC, or through an IR-1 Visa already married to a USC), then the 3 year rule would apply.

 

Does that make sense? You already had your GC before you married your wife. She did not help you acquire your GC by marriage.

 

 

Thank you very much for your response. Really appreciate you help.

 

As far as I can understand, it doesn't matter how you got your green card. If you are married to the US citizen, you can apply after 3 years of marriage, I think. I am not a lawyer and laws are a little confusing or I am over thinking

[npcompletehuman 0]

12 hours ago, Starkilla09 said:

It doesn’t matter how he originally got his green card. He can apply under 3 year rule provided he has been married for 3 years to a U.S. citizen, has been a permanent resident for at least 3 years, his spouse has been a U.S. citizen for at least 3 years, still living with his U.S. citizen spouse and also meets all other physical and residency require ya for naturalization. Based on the provided information above he’s good to go.

Hey, thanks a lot for your response. 

 

I have been a PR for more than 3 years now and I am good to go for everything, except the part where I am not married to a US citizen for 3 years. If you look at my info, my 3rd anniversary is on September 20th, 2018. So I still have a couple of months to satisfy that requirement, unless I am eligible to apply like 90 days early (which I think was the case). However on the online N-400 form, it gives me an error:

 

Quote

"You may not be eligible to apply for naturalization as the spouse of a U.S. citizen

You indicated that you have been married to your U.S. citizen spouse for less than 3 years. In order to apply for naturalization, you must be married to and living with the same U.S. citizen for at least 3 years or be married to a U.S. citizen who is employed abroad by the U.S. government or a qualifying organization. You can continue filling out your application and submit it, and we will contact you if we have any questions or need additional information."

I guess, I cannot apply 90 days early and will have to wait till my anniversary?

[npcompletehuman 0]

FYI: I am following this document => https://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship & Naturalization Based Resources/A Guide to Naturalization/PDFs/M-480.pdf to see if I am eligible for naturalization.

[ponyo_rocks 7]

I doubt you can use the 90 day rule to overcome the "married to US citizen for 3 years" requirement. People who marry US citizens subsequently get their LPR after their marriage if they go the marriage route. So they are eligible to apply 2 yrs and 9 months from the day they become an LPR. In your case, you got your GC through employment presumably a few months before you got married to your USC spouse, isnt it? You just have to wait until your wedding anniversary. Another cool reason to celebrate this anniversary!

Edited July 17, 2018 by ponyo_rocks