What's the Deal ?

[DrVS 10]

ok , some of the inputs have boggled me again. so , the deal is you can apply for the citizenship if you even a CGC holder but had been married for 3 years ? correct me if i am wrong.

Well, this is somewhat incorrect. Under 3 year rule you have to have a GC for 3 years. CGC is valid for 2 years only, so you generally cannot apply with CGC. There are some rare cases, when removal of condition takes longer than a year, then you can apply with CGC, but you still need 3 years (minus 90 days) from the CGC issue date to be eligible.

[Moomin 292]

ok , some of the inputs have boggled me again. so , the deal is you can apply for the citizenship if you even a CGC holder but had been married for 3 years ? correct me if i am wrong.

If you got your greencard through marriage, then you may apply for citizenship after 3 years. The clock started ticking when you were approved for the first greencard. If you are still married to your US spouse, then you can apply for citizenship after 3 years of having a greencard. Look at your first greencard. It should say "resident since xx/xx/xxxx" or something like it. That date determines when you may file. If you are no longer married, you'll follow the 5 year rule.

[Barca 10]

Married for at least 3 years, permanent resident for at least 3 years less 90 days. That's the first day you can apply. If the 90-day window opens before you have reached your third wedding anniversary, your application will not be accepted.

how can you have a green based on marriage before you are married!!!

[H&V 5]

Use the calculator to determine (3 years since PR status minus 90 days). Call this Date 'A'.

Your 3-year marriage anniversary is Date 'B'.

If Date 'A' is later than Date 'B', then you can apply on Date 'A'.

If Date 'B' is later than Date 'A', then you have to wait until Date 'B' to apply. This happened to me, I applied on Date 'A' and my N400 was returned to me and I was told to wait until Date 'B' to apply.

[bigdog 376]

When the GC is first issued.

Reading comprehension is the key.

[newlyweds2010 208]

how can you have a green based on marriage before you are married!!!

you can't, but if you married let's say on January 1st, 2009 and got your GC March 30th, 2009, then if you go back 90 days from the GC date, the calculator tells you that your earliest day to file is December 30th, 2008. However, you can't file on December 30th, 2012, because by that day you would not have been married for 3 years, but only for 2 years and 364 days. You would have to wait to file.

[Barca 10]

you can't, but if you married let's say on January 1st, 2009 and got your GC March 30th, 2009, then if you go back 90 days from the GC date, the calculator tells you that your earliest day to file is December 30th, 2008. However, you can't file on December 30th, 2012, because by that day you would not have been married for 3 years, but only for 2 years and 364 days. You would have to wait to file.

ok i got ya now :-)

[JERIII 8]

how can you have a green based on marriage before you are married!!!

Actually, it doesn't matter how you got your green card. If you have had a green card for three years, and you have been

married to a USC for three years, you are eligible to apply for citizenship (if you meet the other requirements). For example, if

someone gets an employment-based green card and marries a USC one year later, they will be eligible to apply for citizenship

after three years of marriage (and four of green card).

[Barca 10]

Actually, it doesn't matter how you got your green card. If you have had a green card for three years, and you have been

married to a USC for three years, you are eligible to apply for citizenship (if you meet the other requirements). For example, if

someone gets an employment-based green card and marries a USC one year later, they will be eligible to apply for citizenship

after three years of marriage (and four of green card).

that also makes sense! because it says I have been a legal Immigrant for at least 3 years and have been married to the same US for at least 3 years!