Three Year living together rule ?????

[DC Sparrow 0]

Hi guys ! I have a quiz for you see who is going to win? lol ! I got married ( US BORN CITIZEN) in september 2006 and would be elligible for citizenship in dec 2010 but I have a question for three year rule living together. My wife lived in septembeb 2006 just 10 days in INDIA where we got married than she returned to US and after that I got my visa and came to US in April 2007 and I got my conditional green card in Sep 2007 . Phyically I am living with my wife in US since April 2007 so when my three year living together will count??? I am in delimma because I have a great job offer in differant state 5 hour from PA I am thinking living 5 days in NY and spend weekends with my wife. I have never been out of US and one more thing how they count or deduct the days if one person is out of the state like for 3 month? Should I take the job offer or will it jeropodise my chances of getting citizenship. I have every proof living together like utility bills, rent agreement etc and they will remain as it is even though I would be out of othe state.

Thanks

Vinod

[jula 0]

you will be eligible to apply for citizenship in Dec 2010 (GC holder since march 2008 says your signature), and by that time it won't really matter from which day you count 3 years living together... as long as you are "still living together"

what's the prize?

Edited March 9, 2009 by jula

[Cuchita 1]

You can apply for citizenship 90 days before your threee years here in the USA as a resident. Those 3 years count from the date in your residence card, when you first entered the USA.

The 3 months leave don't count, that is considered a vacation time. Read the guide to naturalization in the USCIS webpage, all the info you need is there.

You need to study!.

[YuAndDan 153]

You can apply for citizenship 90 days before your threee years here in the USA as a resident. Those 3 years count from the date in your residence card, when you first entered the USA.

The 3 months leave don't count, that is considered a vacation time. Read the guide to naturalization in the USCIS webpage, all the info you need is there.

You need to study!.

Naturalization guide: http://www.uscis.gov/files/article/M-476.pdf

Document requirements: http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

[DC Sparrow 0]

You can apply for citizenship 90 days before your threee years here in the USA as a resident. Those 3 years count from the date in your residence card, when you first entered the USA.

The 3 months leave don't count, that is considered a vacation time. Read the guide to naturalization in the USCIS webpage, all the info you need is there.

You need to study!.

Naturalization guide: http://www.uscis.gov/files/article/M-476.pdf

Document requirements: http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I am still waiting for the correct answer so prize is still there? I know that 3 year rule of applying citizenship but my question is differant. Living together 3 year and having 3 year greencard is differant. Both is required ! I have a specific question when three year living together rule apply? Ex. I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month . Please read properly before giving the answer !!!!!!

Thanks

Vinod

[NickD 203]

Maybe "we" were living together, instead of "I" was living together would make more sense.

"I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month ."

Phrased differently but saying the same thing, I received my green card March 4, 2007, and we were living together since April 17, 2007. That works out to where you had your green card for 44 days before you joined your spouse.

Could reconsider rewriting your circumstance if you would like a correct answer.

[DC Sparrow 0]

Maybe "we" were living together, instead of "I" was living together would make more sense.

"I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month ."

Phrased differently but saying the same thing, I received my green card March 4, 2007, and we were living together since April 17, 2007. That works out to where you had your green card for 44 days before you joined your spouse.

Could reconsider rewriting your circumstance if you would like a correct answer.

Thanks for the correction. Yeah I am still learning english. My question if I don't share apartment with my wife will that days deduct from living together?

[NickD 203]

Maybe "we" were living together, instead of "I" was living together would make more sense.

"I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month ."

Phrased differently but saying the same thing, I received my green card March 4, 2007, and we were living together since April 17, 2007. That works out to where you had your green card for 44 days before you joined your spouse.

Could reconsider rewriting your circumstance if you would like a correct answer.

Thanks for the correction. Yeah I am still learning english. My question if I don't share apartment with my wife will that days deduct from living together?

In practice, the USCIS never accepted my invitation to come out to our home, never contacted our friends or neighbors that see us everyday, and my wife's IO, didn't even want to meet me at her interview. I held out my hand to shake it, she wouldn't even turn her head.

It was all paper work, joint tax returns, even those super weak utility bills, but we had literally tons of paper evidence. In reality, could have been living on the other side of the country with the same paper work and actually was living that way before we got married. My job required a lot of travel. We could have even proved that I shared my trips with my wife outside of the country, but they were not interested in that, only in the number of days, she was out of the country. I am the USC sponsor, my wife was the applicant.

You are not giving details to why you were separated from your spouse for that ten month period, asumming that is correct. But if you were out of the country for that period of time, you may have problems.

[bry n joe 0]

hey...sorry i don't have an answer to your question....but maybe you could help me with a question i have. you got married in India right? i'm a US citizen marrying an Indian citizen...is there any specific forms we have to fill out to get married in India?

thanks

bry

[DC Sparrow 0]

hey...sorry i don't have an answer to your question....but maybe you could help me with a question i have. you got married in India right? i'm a US citizen marrying an Indian citizen...is there any specific forms we have to fill out to get married in India?

thanks

bry

Yes I could ! First if you both are Hindi than there is no problem go to the Arya Samaj and get married than registered your marriage at registrar office. If you are christian than just convert into Hinduism it will take only few hours but make sure convert one day before if you get married. Before getting married just get the no objection letter from US embassy in India .

Thanks

Vinod

[DC Sparrow 0]

Maybe "we" were living together, instead of "I" was living together would make more sense.

"I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month ."

Phrased differently but saying the same thing, I received my green card March 4, 2007, and we were living together since April 17, 2007. That works out to where you had your green card for 44 days before you joined your spouse.

Could reconsider rewriting your circumstance if you would like a correct answer.

Thanks for the correction. Yeah I am still learning english. My question if I don't share apartment with my wife will that days deduct from living together?

In practice, the USCIS never accepted my invitation to come out to our home, never contacted our friends or neighbors that see us everyday, and my wife's IO, didn't even want to meet me at her interview. I held out my hand to shake it, she wouldn't even turn her head.

It was all paper work, joint tax returns, even those super weak utility bills, but we had literally tons of paper evidence. In reality, could have been living on the other side of the country with the same paper work and actually was living that way before we got married. My job required a lot of travel. We could have even proved that I shared my trips with my wife outside of the country, but they were not interested in that, only in the number of days, she was out of the country. I am the USC sponsor, my wife was the applicant.

You are not giving details to why you were separated from your spouse for that ten month period, asumming that is correct. But if you were out of the country for that period of time, you may have problems.

Explaination :

We were married in September 22 2006 and it took almost 6 months to get the visa process and when I came to US in April 2007 and filed the AOS and it took almost 10 months to get the green card . I neven seperated from my wife and I am still living together. But because of the economy I have job offer pending now ! that is why I am thinking to accept the offer which is in differant state, and I am thinking to live in differant state and spend weekends with my wife. That is my dillemma is it ok if we both work in doifferant state.

[lucyrich 20]

See the published interpretations, from the USCIS web page (click on interpretations, then go to 319.1)

Marital union for purposes of section 319(a) . The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.

A two-week separation during the requisite period has been held not to affect eligibility when the separation was ordered by a court as a cooling-off period following the husband's arrest for assaulting the wife. A similar brief cooling-off period not court ordered, but which could not reasonably be regarded as adversely affecting the objective of the requirement as interpreted in Kostas , also does not affect eligibility.

Another petition, involving parties who had been reconciled after a few brief separations, was granted even though a subsequent separation of two-and-one-half months immediately prior to the petition-filing prompted the petitioner to file a divorce complaint, which remained pending at the time the petition was finally heard. In granting the petition, the court noted that reconciliations had invariably followed the earlier separations; that the divorce proceeding had remained inactive; that two-and-one-half months out of a five-and-one-half-year marriage was a relatively short period of separation; and that, during such period, the citizen husband continued to support the petitioner, and both claimed not to have intended a permanent separation. The court stated that these facts resembled those in the Omar case, the implication being that, as in Omar, the separation of the parties had been a temporary cooling-off period, rather than complete and permanent. While the Service has recognized and will continue to apply the rationale of Omar, the decision in Olan in not to be regarded as a norm for determining what facts will bring a case within the scope of the Omar ruling. Moreover, since the Olan case was decided upon the Omar principle early in the decision, the court's subsequent gratuitous interpretation of the phrase "in marital union," which equated such phrase with the mere existence of the marital status, is regarded as dicta and shall not be followed by the Service.

It is the further position of the Service that, where a petitioner and spouse do not live apart by choice, or because of a legal separation or marital difficulties, but solely as a result of circumstances beyond their control, such as service in the armed forces of the United States or essential business or occupational demands, such separation -­ even when prolonged - ­does not preclude naturalization under this section.

It has been held, however, that the residence in marital union, or at least a substantial portion thereof, must be in the United States, with the citizen spouse. Thus, where the citizen spouse has never been in the United States, eligibility under the current statute is not established even though petitioner resided abroad in marital union with the spouse during a part of the three-year period.

That next-to-last paragraph is probably enough to make your situation OK, but you might want to consult with an attorney and/or do some more research to be sure.

[bry n joe 0]

Thanks Vinod for your help...but what if we're both christians?

[hassan_debbie 4]

Ok I'll try to make you understand this with our example. My husband and I have been married, living together, for 5 years BUT he got his greencard 2 years after he got here. So even though we had been together, married living together, for 3 years he could not apply for citizenship UNTIL 90 days before he had his greencard for 3 years.

You must be married 3 years but you can't file until you've had your green card 2 years and 9 months while you have been married 3 years.

3 years married is isn't the only thing you have to consider.

[sheepnfish 0]

Maybe "we" were living together, instead of "I" was living together would make more sense.

"I am living together from April 17 2007 and got my Greencard march 04, 2007 almost a gap of 10 month ."

Phrased differently but saying the same thing, I received my green card March 4, 2007, and we were living together since April 17, 2007. That works out to where you had your green card for 44 days before you joined your spouse.

Could reconsider rewriting your circumstance if you would like a correct answer.

Thanks for the correction. Yeah I am still learning english. My question if I don't share apartment with my wife will that days deduct from living together?

In practice, the USCIS never accepted my invitation to come out to our home, never contacted our friends or neighbors that see us everyday, and my wife's IO, didn't even want to meet me at her interview. I held out my hand to shake it, she wouldn't even turn her head.

It was all paper work, joint tax returns, even those super weak utility bills, but we had literally tons of paper evidence. In reality, could have been living on the other side of the country with the same paper work and actually was living that way before we got married. My job required a lot of travel. We could have even proved that I shared my trips with my wife outside of the country, but they were not interested in that, only in the number of days, she was out of the country. I am the USC sponsor, my wife was the applicant.

You are not giving details to why you were separated from your spouse for that ten month period, asumming that is correct. But if you were out of the country for that period of time, you may have problems.

" the USCIS never accepted my invitation to come out to our home"

They are not big into coming for tea and cakes either