N400 Eligibility based on 3 year rule

[Carrie212 6]

Hello everyone,

 

I have been married to my wife for a little over 5 years now. My wife became a citizen on October 10th,2017 and i became a permanent resident on October 16th,2017. Under these conditions, can i apply for my citizenship at the end of this month since my wife has not been a citizen for 3 years yet? Or is it okay for her to be a citizen for 2 years and 9 months? Do we need to wait until October to apply for me?

 

thanks!

[igoyougoduke 1,605]

her citizenship does not matter. you are married for 3 years so you can file for n-400 at end of 2 yr 9  months from the date of your green card start date 

[Carrie212 6]

Thank you,

 

this is what i found on the USCIS website:

 

If you are at least 18 years old and:
Are currently married to and living with a U.S. citizen;
and
Have been married to and living with that same U.S. citizen for the past 3 years;
and
Your spouse has been a U.S. citizen for the past 3 years.

[Crazy Cat 39,250]

https://www.novacredit.com/resources/apply-for-us-citizenship/

 

 

Edited July 13, 2020 by Lucky Cat

[Crazy Cat 39,250]

...

Edited July 13, 2020 by Lucky Cat

[Georgia16 2,858]

16 minutes ago, James120383 said:

her citizenship does not matter. you are married for 3 years so you can file for n-400 at end of 2 yr 9  months from the date of your green card start date 

Citizenship does matter under the 3 year rule. It has to be married for 3 years with a us citizen (and GC for 3 years)

[Mollie09 1,543]

18 hours ago, Carrie212 said:

Hello everyone,

 

I have been married to my wife for a little over 5 years now. My wife became a citizen on October 10th,2017 and i became a permanent resident on October 16th,2017. Under these conditions, can i apply for my citizenship at the end of this month since my wife has not been a citizen for 3 years yet? Or is it okay for her to be a citizen for 2 years and 9 months? Do we need to wait until October to apply for me?

 

thanks!

She needs to be a citizen for 3 years, the only flexibility with 2 years 9 months is from the date you became a LPR