Does martial union include time living together before becoming a resident?

[MrHanky 1,380]

If we lived together outside the US before getting the green card, will that count, or only after entering the US?

[Dashinka 26,065]

Yes from the standpoint of having evidence of a marital union.

 

Good Luck!

[JeanneAdil 7,216]

not for the N 400  / it is date of the green card after US arrival

[MrHanky 1,380]

Just now, JeanneAdil said:

not for the N 400  / it is date of the green card after US arrival

So for n400 there's

- 3 years residency (can apply 90 days early)

- 3 years martial union (cannot apply 90 days early)

 

So I was trying to figure out if time before arriving would count.

[Crazy Cat 45,114]

44 minutes ago, MrHanky said:

If we lived together outside the US before getting the green card, will that count, or only after entering the US?

For citizenship, two things matter:  time married to a US citizen and time as a Green Card holder.

[MrHanky 1,380]

2 minutes ago, Crazy Cat said:

For citizenship, two things matter:  time married to a US citizen and time as a Green Card holder.

I already know that,  check my last comment

[Crazy Cat 45,114]

1 minute ago, MrHanky said:

I already know that,  check my last comment

So, exactly what is your question, then?

[Crazy Cat 45,114]

8 minutes ago, MrHanky said:

I already know that,  check my last comment

Married = time outside the US and inside the US.

[MrHanky 1,380]

Just now, Crazy Cat said:

Married = time outside the US and inside the US.

Yes that's what I wanted to know.  Just for clarity,  marital union right? Because we have more time married than living together, and a few months before getting the green card we were renting airbnbs outside the US.

[OldUser 10,336]

To be bulletproof I'd apply a few days after 3 year anniversary of being LPR as long as you lived in marital union for 3+ years at that point

[Dashinka 26,065]

8 hours ago, MrHanky said:

So for n400 there's

- 3 years residency (can apply 90 days early)

- 3 years martial union (cannot apply 90 days early)

 

So I was trying to figure out if time before arriving would count.

Yes it would count.  For instance a married couple (one USC and one a foreign national) living together outside the U.S. pursue DCF, and enter the U.S. with the foreign national spouse becoming an LPR still retains their time outside the U.S. as living in marital union without a break.  So the LPR spouse can utilize the 90 day early filing option if filing the N400, just make sure you document the entire three plus years of living in a marital union before filing.

 

 

[top_secret 2,743]

It covers marital union in the USCIS policy manual and the definition seems fairly straightforward.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Quote

"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 to me it seems that if you actually resided together overseas that 100% counts as "marital union".

[OldUser 10,336]

35 minutes ago, top_secret said:

It covers marital union in the USCIS policy manual and the definition seems fairly straightforward.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

 

So to me it seems that if you actually resided together overseas that 100% counts as "marital union".

It should be covered, as long ad can be proved by joined lease, affidavits etc if needed 

[mam521 2,626]

17 hours ago, MrHanky said:

So for n400 there's

- 3 years residency (can apply 90 days early)

- 3 years martial union (cannot apply 90 days early)

 

So I was trying to figure out if time before arriving would count.

To apply for the N400, use the 90 days before the resident date on your GC.  The time you spent together prior to that, be it outside the US or inside, serves as evidence supporting your claim in marital union that is required to apply under the 3 year rule.  You have to have been physically present in the US to meet all requirements, hence why you need to know that resident since date.  

[JD2 170]

20 hours ago, JeanneAdil said:

not for the N 400  / it is date of the green card after US arrival

I don't think that's true.  Then no one would be able to file early.