Question about Citizenship

[kittreadge 0]

Hi ! Greetings to everyone. I just want to know, when is the right time to file for citizenship? (based on marriage to USC). Are you going to wait for 3 years exactly or is it ok to file 90 days before 3 years of being a permanent resident?

Thank you so much for the response in advance.

[v333k 59]

eligibility window opens 90 days prior to the 3rd year anniversary.

[HeatDeath 430]

eligibility window opens 90 days prior to the 3rd year anniversary.

elibibility window opens on the later of:

A ) 90 days prior to the third anniversary of your "Resident since date", and

B ) your third wedding anniversary.

Assuming you haven't left the US for an extended period of time.

There are more wrinkles than that, even. download the "Guide to Naturalization", M-476, and read it carefully.

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/M-476.pdf

[v333k 59]

B ) your third wedding anniversary.

this is incorrect.

Edited August 17, 2010 by v333k

[HeatDeath 430]

this is incorrect.

No, it's not. Read the box at the bottom of page 22 of the PDF.

You can apply 90 days before the 3 or 5 year residence requirement is met, BUT you MUST [their word] be married 3 years before you file.

[Captain Oates 911]

No, it's not. Read the box at the bottom of page 22 of the PDF.

You can apply 90 days before the 3 or 5 year residence requirement is met, BUT you MUST [their word] be married 3 years before you file.

AND living with - not just married to.

I have my 3 years less 90 days in and living in the US with wife and GC -- but I had to prove that I was living with in the 90 days prior to coming to the US. I did that by enclosing my USC wife's UK green card.

Edited August 17, 2010 by saywhat

[v333k 59]

this is incorrect.

What I mean is that the "Resident Since" is what they go by and not marriage date. You need to have been married to the same USC that filed AOS and ROC for you, still be married and living together to be eligible to file based on 3 years.

[Captain Oates 911]

What I mean is that the "Resident Since" is what they go by and not marriage date. You need to have been married to the same USC that filed AOS and ROC for you, still be married and living together to be eligible to file based on 3 years.

I never did AOS and ROC so I have to show that I was married to her and living with her for 3 years at the date of application. It just struck me at the last moment that I needed to show our 'live with' relationship in the UK as the last 90 days of that forms part of the 3 years at application date.

[Captain Oates 911]

At the application date I have to show married 3 years married and living with.

It is a different requirement to the 3 year anniversary of the GC

They could and would have caught me for no evidence of 'living with' in the 90 days before coming to the US on an unconditional GC issued in London. I therefore showed em evidence we we married and living together in the UK during that 90 day period.

post 5 on this link >>

http://www.visajourney.com/forums/topic/173636-am-i-eligible-to-apply-90-days-early/

Edited August 17, 2010 by saywhat

[milimelo 4,582]

What I mean is that the "Resident Since" is what they go by and not marriage date. You need to have been married to the same USC that filed AOS and ROC for you, still be married and living together to be eligible to file based on 3 years.

Nope, not just that -- it's the marriage date that's taken into consideration as well.

[v333k 59]

Nope, not just that -- it's the marriage date that's taken into consideration as well.

That is correct, but to do AOS through marriage, you need to submit a marriage certificate - which basically assures that you are married before the permanent residence status is even granted. I might be missing something in my understanding. Am I?

[Captain Oates 911]

That is correct, but to do AOS through marriage, you need to submit a marriage certificate - which basically assures that you are married before the permanent residence status is even granted. I might be missing something in my understanding. Am I?

We got married in Wisconsin on a K1 but then left for the UK before AOS.

We then applied for my GC visa while there.

I entered on a GC visa and then received my GC in Florida 4 weeks later

We had already been married 2 years so no AOS and no ROC needed

I applied for USC 90 days before the third anniversary of my GC (dated arrival date POE)

BUT

I need to show we had been married AND living together for 3 years at the time of application for USC - that is, from the period starting 90 days before I came to the US on my immigrant visa.

Summary:

Condition 1 ... I apply 90 days before the third anniversary of my GC which is dated as arrival date

Condition 2.. I must have been living with and married to my current wife for 3 years at the time of application - ie 90 days before I came to the US

I enclosed a copy of my wife's UK GC (further leave to reamin) which is dated earlier than the 90 days before we left for Florida

jeez get me out of this - 3 months to go hopefully

Edited August 18, 2010 by saywhat

[HeatDeath 430]

For most people, historically, the distinction has been irrelevant. The processing times for AOS caused the GC residence date for K-1 people to be significantly more than 90 days after their wedding date. They had therefore always been married more than 3 years at the 3-years-of-residence-minus-90-days date.

But because USCIS has gotten so much faster, there is a growing group of K-1 people, myself among them, who received their GC within 90 days of their wedding, and will therefore not have been married for 3 years at the 3-years-of-residence-minus-90-days date. For us, the earliest date we can apply for citizenship is the day of (or one day after) our 3rd wedding anniversary, even though that date occurs after the 3-years-of-residence-minus-90-days date.

Make sense?

[Captain Oates 911]

For most people, historically, the distinction has been irrelevant. The processing times for AOS caused the GC residence date for K-1 people to be significantly more than 90 days after their wedding date. They had therefore always been married more than 3 years at the 3-years-of-residence-minus-90-days date.

But because USCIS has gotten so much faster, there is a growing group of K-1 people, myself among them, who received their GC within 90 days of their wedding, and will therefore not have been married for 3 years at the 3-years-of-residence-minus-90-days date. For us, the earliest date we can apply for citizenship is the day of (or one day after) our 3rd wedding anniversary, even though that date occurs after the 3-years-of-residence-minus-90-days date.

Make sense?

yes it makes sense ! wow these 'new' situations keep popping up. It's a good job people have chance to read this stuff before they apply or there would be a lot more rejected applications and lost money.

We were right at the end of a 1 year battle with USCIS at GC stage and waiting only for the embassy interview when they decided to fight over wife's US domicile. We thought we had it all completed - so I know not to count my chickens before they hatch when it comes to the USCIS.

Who knows what else is lurking. I will be on pins every day from now to the end of the ceremony.

I need my divorce from them quick !

Edited August 18, 2010 by saywhat

[Nik+Heather 121]

Wouldn't HeatDeath's conditions also apply for someone who had their permanent residence before marriage? Say they have been a resident for 4 years, but just got married 3 years ago.