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Hana_Le

Question about APPLYING FOR CITIZENSHIP AFTER 3 YEARS THROUGH MARRIAGE

By Hana_Le in US Citizenship General Discussion

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Hana_Le Newbie

Hana_Le   0

Posted
Timeline
Posted

Hi everyone,

I am currently a green card holder. This summer I am planning to come back to my home country for about 2 months for an internship. Unfortunately, my husband cannot come with me because he has his job here. 

My question is will I be qualified to apply for citizenship after 3 years? Or do I have to wait 5 years before applying. I keep getting mixed responses about this. Some say I can still apply after 3 years, some say I can apply after 3 years + 2 months (the time that I spend abroad apart from my husband) and the others say that I have to wait 5 years before I can apply because I break the marital union requirement. 

Does anyone here have the same experience or know about this? Thanks everyone! ! !

 
 
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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

You can qualify under the 3 year rule still just fine. A couple months abroad does not break marital union, continuous residence, and is nowhere near to being an issue with physical presence.

You will still need to show that you are in marital union. The IO may or may not ask about the trip, but a simple explanation that it was for an internship should suffice just fine.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
21 minutes ago, Marcus0918 said:

I entered US through K1 visa, I have been married to my wife for 3 years and on  my 10 year green card it states that I am a resident since 04/21/2016.  So I guess I already passed the 3 years right? Thanks

Yes. You were already eligible to submit N400 since Jan 21, 2019.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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