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Posted

Hello every one 

 

 I meet all requirements for being citizen through marriage except this one :

 

I only have been only married with him for 2 years. however, I live with him more than 3 years so far. 
 

I have my green card for 4 year so far ; because I reside together with my U.S citizen spouse for more than 3 years. So I don’t am i eligible or not. 
 

In a words , our marriage is only 2 years long . But we live together more than 3 years. 
 

and my green  card is almost about  4 years now , issue by October 2020. 
 

am I still qualified to be citizen through marriage ? 
 

my confused point is : Do i have to legal married him for 3 years ? Or living together more than 3 years is eligible too ? 
 

thank you for help. 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
10 minutes ago, Jingjing520 said:

 

am I still qualified to be citizen through marriage ? 

No. Must be married for 3+ years and also living with USC spouse for 3+ years in the US since marriage. Spouse should also have been a USC for 3+ years.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
13 minutes ago, Jingjing520 said:

Hello every one 

 

 I meet all requirements for being citizen through marriage except this one :

 

I only have been only married with him for 2 years. however, I live with him more than 3 years so far. 
 

I have my green card for 4 year so far ; because I reside together with my U.S citizen spouse for more than 3 years. So I don’t am i eligible or not. 
 

In a words , our marriage is only 2 years long . But we live together more than 3 years. 
 

and my green  card is almost about  4 years now , issue by October 2020. 
 

am I still qualified to be citizen through marriage ? 
 

my confused point is : Do i have to legal married him for 3 years ? Or living together more than 3 years is eligible too ? 
 

thank you for help. 

No you cannot apply under the 3 year rule

In order to be eligible for the 3 yr rule for applying you must:

 

1. Be a GC holder for > 3 years.    AND 

2.Be married to a USC for >3 years The USC must have been a USC for the complete 3 years     
 

You meet the first but not the second requirement.
 

Wait either until the  3rd anniversary of your marriage OR the 5 th anniversary of your GC. 

Edited by Lil bear
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
11 minutes ago, Jingjing520 said:

I only have been only married with him for 2 years

To qualify under the 3 year rule:

Married to US citizen for 3 years AND must have been a Green Card holder for 3 years.

 

To qualify under 5 year rule:

Must have had a Green Card for 5 years.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
7 minutes ago, Crazy Cat said:

To qualify under the 3 year rule:

Married to US citizen for 3 years AND must have been a Green Card holder for 3 years.

 

To qualify under 5 year rule:

Must have had a Green Card for 5 years.

Thank you. From what I understand from the website, They didn’t say , marriage 3 years ; they require marital union 3 years , and they consider “reside together “as marital union.  

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
3 minutes ago, Jingjing520 said:

they require marital union 3 years , and they consider “reside together “as marital union.  

No, they don't consider that as marital union before marriage. You must have been legally married for 3 years AND in marital union.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
2 minutes ago, Crazy Cat said:

No, they don't consider that as marital union before marriage. You must have been legally married for 3 years AND in marital union.

This is what I found out :

 

USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

Posted
9 minutes ago, Jingjing520 said:

This is what I found out :

 

USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.


so I am confused now , because I reside together more than 3 years , but I only married for 2 years.  I don’t know am I eligible or not.  If I try to apply being citizen anyway and if I get rejected, will it affect to apply next time. Thank you 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 minutes ago, Jingjing520 said:

 I don’t know am I eligible or not.

You are not.  Don't waste your money.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
34 minutes ago, Crazy Cat said:

Three-Year Rule for Naturalization Eligibility After Marriage to U.S. Citizen | AllLaw

 

"It's important to be aware of the condition within U.S. immigration law that you have been both married to and living with the U.S. citizen for the entire three years. "

I see. Thank you so much. So I have to wait I married with my spouse for 3 years. Appreciate it. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
1 hour ago, Jingjing520 said:

I see. Thank you so much. So I have to wait I married with my spouse for 3 years. Appreciate it. 

I would consider waiting and filing under the 5 year rule as a Green Card holder.  It is much easier.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Australia
Timeline
Posted
2 hours ago, Jingjing520 said:

This is what I found out :

 

USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

You can be married and not live together for various reasons. Must be married 3 years 

Must have resided with the USC spouse for those 3 years. 
Spouse must have been USC for all the three years 

 

Occasionally, one  of the married couple has to live away from the marital home for a reason.. study, work, internship…to name a few.. And they will struggle to provide evidence of living in marital union .. but you haven’t even been married for 3 years, so this unusual situation does not apply to you 

Posted
5 hours ago, Jingjing520 said:

Thank you. From what I understand from the website, They didn’t say , marriage 3 years ; they require marital union 3 years , and they consider “reside together “as marital union.  

You misunderstand.  For US immigration purposes, only legal marriage counts.

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

It wouldn’t be worth pursuing an exception based on the extra year-you’d spend that year trying to prove it if it were a real thing.

 

I would just wait for the 5-year mark at this point. Doing the 3-year is also fine but the marriage thing is one more administrative layer that can delay things unexpectedly.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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