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Filed: Timeline
Posted

This question is for a friend of mine. He is currently married to a USC and but probably will not be married long enough to apply for his naturalition through her. If he has his GC for 3 yrs and he is married to a different USC other than the one through which he got his GC can he still apply for his citizenship?

Posted
This question is for a friend of mine. He is currently married to a USC and but probably will not be married long enough to apply for his naturalition through her. If he has his GC for 3 yrs and he is married to a different USC other than the one through which he got his GC can he still apply for his citizenship?

If he is no longer with the same USC but a different one that makes him divorced and with a fresh marriage. He has to show proof that he is living with his USC spouse and that their marriage is at least 3 yrs old. SInce it probably is not, he'll have to wait for his 5yr anniversary of his residency and apply then.

ROC 2009
Naturalization 2010

Filed: AOS (apr) Country: Philippines
Timeline
Posted
This question is for a friend of mine. He is currently married to a USC and but probably will not be married long enough to apply for his naturalition through her. If he has his GC for 3 yrs and he is married to a different USC other than the one through which he got his GC can he still apply for his citizenship?

not a total of 3 years of marriage to USC's but a single continuous, ongoing and intact marriage to a USC of 3 years

YMMV

Posted

Others are correct. For a reference, see the N-400, part 2.

http://www.uscis.gov/files/form/N-400.pdf

He can become a citizen when he can honestly check one of the boxes on Part 2. Box A says:

I have been a lawful permanent resident of the United States for at least five years

Box B says:

I have been a lawful permanent resident of the United States for at least three years, and I have been married to and living with the same US Citizen for the last three years, and my spouse has been a US Citizen for the last three years.

The underlining is mine. In order to check box B, he must have been married to one particular US Citizen spouse for the full three year period immediately preceeding the day he sends the application off. It sounds like, in the case you describe, he'll be eligible to check box A before he'll be eligible to check box B.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Filed: Timeline
Posted
Others are correct. For a reference, see the N-400, part 2.

http://www.uscis.gov/files/form/N-400.pdf

He can become a citizen when he can honestly check one of the boxes on Part 2. Box A says:

I have been a lawful permanent resident of the United States for at least five years

Box B says:

I have been a lawful permanent resident of the United States for at least three years, and I have been married to and living with the same US Citizen for the last three years, and my spouse has been a US Citizen for the last three years.

The underlining is mine. In order to check box B, he must have been married to one particular US Citizen spouse for the full three year period immediately preceeding the day he sends the application off. It sounds like, in the case you describe, he'll be eligible to check box A before he'll be eligible to check box B.

Sounds Like that to me too. Thank you for the information. I suspected that was it and after research those where the answers I found as well but I just wanted to double check .

Thank You

 
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