DV Lottery & IR-1 - different wait for filing for citizenship?

[Ivy. 113]

Hi,

I am married to a USC and I entered DV-2014. The idea was that, if selected, I might skip the USCIS and go straight to NVC to save some money (time is obviously not an issue here since I am doing my MA at home).

I figured that, being married and living with a USC for three years since entering the US, I could file for citizenship in three years.

Citizenship Through Naturalization:

You May Qualify for Naturalization if:

• You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our Path to Citizenship page for more information.
  
• You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information.
  
• You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
  
• Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. Visit our Citizenship Through Parents page for more information.
  

However, I was told last week that is not the case. A lady at my U.S. Embassy that processes immigrant visas told that if I enter via DV, I would have to wait five years to file for citizenship and that the fact that I was married to a US citizen would not apply to me because he did not petition for me.

I did read this about Naturalization for Spouses of U.S. Citizens and I did not find it written anywhere that it matters how I entered the country, as long as I was holding my GC legaly.

Did I miss something? Was I informed correctly at the Embassy?

[VanessaTony 3,567]

The officer is wrong. You're eligible after 3 years of being an LPR if you've been married to a USC for at least 3 years. The manner in which you obtained LPR status doesn't matter

[Ivy. 113]

Awesome! Thanks a lot!

[Penguin_ie 5,993]

The officer is wrong. You're eligible after 3 years of being an LPR if you've been married to a USC for at least 3 years. The manner in which you obtained LPR status doesn't matter

[NigeriaorBust 4,087]

Sec. 319. [8 U.S.C. 1430]

This is the actual code. If you notice that the fist part mentions aquiring status by reason of the marriage but that is in reference to VAWA filings.

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.