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lifegoeson123

Marriage time and filing time for citizenship

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Dear guys,

 

My marriage is 2 years 11 months up to now but my permanent resident card is 2 years 9 months.

 

I know we can file early 90 days based on this calculation

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

but do I need to wait for my marriage to be 3 years to be able to file early 90 days for N400 citizenship ?

 

I have checked with some people and they say marriage date does not matter. What matter is 2 years 9 months on permanent resident card.

It takes time to process and interview. I have been waiting 1 year for 10 year green card. By the time I get approved for 10 year green card and citizenship interview, my marriage may reach 3 years already.

 

 

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Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

  • Have been a permanent resident (green card holder) for at least 3 years
  • Have been living in marital union with the same U.S. citizen spouse during such time
  • Meet all other eligibility requirements under this section
Edited by Alabamak1

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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Somebody correct me if I'm wrong, but as far as I know, it has to be 3 years of being a LPR AND married to the same person who petitioned you until you are able to file for citizenship.. 

 

 

otherwise people who have been married for like 20 years before getting to the US would be able to apply for citizenship right away, you know?  and that is not possible

 

so, yes, you would have to wait!

Edited by mrmvkjts

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6 minutes ago, mrmvkjts said:

otherwise people who have been married for like 20 years before getting to the US would be able to apply for citizenship right away, you know? 

that's not right... 

Wish it were true. We are married 30 years,lived in the USA for nearly three then I started working overseas.  Never got citizenship for her. Would be great to get her citizenship as  soon as we get her new green card - she could get some real opportunities in her career.

 

Edited by James D
correction

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on top of that, you need to be remained married to that same person all the way through the Oath Ceremony. Policy changes on November 1, 2018


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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2 minutes ago, James D said:

I don't believe that is true. I was just looking at the rules today and married 3, 10 or 20 years makes no difference. Rules are the same my wife, married to me for 30 years, as for one married 3 years. What counts is her time residing in the USA. 

that is what I said.....if you would have just read my whole comment. 

you're not able to apply.. it is the permanent residency that counts.. plus you need to be married to the same person. 

 

 

Edited by mrmvkjts

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4 minutes ago, mrmvkjts said:

that is what I said.....if you would have just read my whole comment. 

you're not able to apply.. it is the permanent residency that counts.. plus you need to be married to the same person. 

 

 

Yeah. Sorry bout that. I misunderstood the first time I read your post.

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Thank you everyone for so fast response.

 

So just to confirm: As long as the Date on Green Card lawful permanent resident is 2 years 9 months, you can apply for citizenship. You must remain married to the same spouse until Oath ceremony.

 

Otherwise, if your marriage is earlier than 3 years, it does not matter, right?


I would like to attached 2 files I saw when apply for N400. The questionaire confused me because it says top (our marriage is only 2 years 11 months) but my my green card as lawful resident is 2 years 9 months.

 

Thanks everyone.

44783355_322074638591881_6133826134686564352_n.jpg

44929843_282577615721963_5229549499550007296_n.jpg

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5 minutes ago, lifegoeson123 said:

Thank you everyone for so fast response.

 

So just to confirm: As long as the Date on Green Card lawful permanent resident is 2 years 9 months, you can apply for citizenship. You must remain married to the same spouse until Oath ceremony.

 

Otherwise, if your marriage is earlier than 3 years, it does not matter, right?


I would like to attached 2 files I saw when apply for N400. The questionaire confused me because it says top (our marriage is only 2 years 11 months) but my my green card as lawful resident is 2 years 9 months.

 

Thanks everyone.

44783355_322074638591881_6133826134686564352_n.jpg

You need to have been married to same citizen for at least 3 years

you need to remain married to the same citizen till oath ceremony

you need to file for n-400 after the 3 years as resident are over, not in 2 years 9 months. 

 

Edited by Alabamak1

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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@little immigrant I read we can file 90 days earlier. That 's why they have the link https://www.uscis.gov/forms/uscis-early-filing-calculator for us to calculate.

 

Was your marriage at least 3 years at the time point of filing?

 

 

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51 minutes ago, lifegoeson123 said:

@little immigrant I read we can file 90 days earlier. That 's why they have the link https://www.uscis.gov/forms/uscis-early-filing-calculator for us to calculate.

 

Was your marriage at least 3 years at the time point of filing?

 

 

It was under the 5 year rule in my case. I even mentioned in my cover letter that I'll be eligible at the end of October when I filed beginning of August. 

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27 minutes ago, little immigrant said:

It was under the 5 year rule in my case. I even mentioned in my cover letter that I'll be eligible at the end of October when I filed beginning of August. 

The 5 year rule has no marriage requirement, so the 90 day early filing window alone was sufficient to file.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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