Shortened times for naturalization

[happyimmigrant 0]

http://www.workpermit.com/news/2006/us/us_...ea1f5a602d35a98

Not sure whether the "permanent resident marries a US citizen" clause it mentions applies to K-1's or not.

[TracyTN 237]

Well, someone arriving on a K1 is not a permanent resident when they marry the US citizen, so I'm inclined to say no. But as it always goes with the government, who knows?

[Jenn! 918]

I thought the requirement already is 3 years for the spouse of a USC...

[Kez/JWolf 6]

My take on it is that someone who obtained a greencard other than by marriage to a USC and then marries a USC should be allowed to become a citizen after 3 years instead of having to wait until they have been a greencard holder for 5 years (as it is now).....

Kezzie

[Saddle Bronc 124]

I noticed the article contained the following.

Included in the bill was another proposal. If a permanent resident marries a US citizen the waiting period for citizenship has also been reduced from 5 years to 3 years.

This was already the case (as known from READING the Naturalisation Guide).

It really means "4 years as EB GC rather than 5", so does not apply to K-1's.

Plus, once the GC (from AOS) is issued to a K-1, the waiting period for naturalisation eligibility is 3 years (never was 5) anyway!

My take on it is that someone who obtained a greencard other than by marriage to a USC and then marries a USC should be allowed to become a citizen after 3 years instead of having to wait until they have been a greencard holder for 5 years (as it is now).....

Kezzie

Actually--if you read the naturalisation guide, it already IS the EARLIER of 3 years of continuous marriage to USC or 5 years of GC (so a EB GC holder who married a USC ONE DAY AFTER getting the GC would already be able to apply in 3 years). If it means "automatic reduction to 3 years, even if the GC holder marries a USC 2.5 years after getting GC", then it's newsworthy.

[pri 0]

so basically this law really does not help any K1 ers

[Saddle Bronc 124]

so basically this law really does not help any K1 ers

(nor K-3's, CR-1's, DCF's)

[lucyrich 19]

Actually--if you read the naturalisation guide, it already IS the EARLIER of 3 years of continuous marriage to USC or 5 years of GC (so a EB GC holder who married a USC ONE DAY AFTER getting the GC would already be able to apply in 3 years). If it means "automatic reduction to 3 years, even if the GC holder marries a USC 2.5 years after getting GC", then it's newsworthy.

There's another technical gotcha in the current law. As it now stands, a person who wants to use the three year shortcut must be married to and living together in valid marital union with one US Citizen continuously for at least the three years prior to attaining citizenship. If the "living together in valid marital union" part is broken any time before taking the oath of citizenship, even if it's after filing the paperwork, passing the tests, and being approved, then the three year shortcut is unavailable. If the couple separates (with or without any legal separation or divorce), or even if the USC dies and the marriage had remained valid "until death do us part", then the alien must wait to complete 5 years of LPR status before getting citizenship under current law.

I don't know the new proposal well enough to say if it changes any of this, but there is at least some possibility that they might have tried to ease up on some of the restrictions on the three year shortcut. If so, the removal of restrictions might have some effect on at least a few marriage based visa applicants.