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Married to naturalized US Citizen

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Filed: Citizen (apr) Country: Egypt
Timeline

Hello,

I am US Citizen(Through naturalization), I married my girlfriend 4 years ago, she is been green card holder for 3 years. Does she qualified for the 3 year rule? Does been US citizen through naturalization exempt her for the 3 year rule?

Thanks,

-Diego

The three year rule requires that:

1- An applicant to must be married to a US citizen for 3 years at the time of filing

2- The applicant's spouse must have been a US citizen for 3 years at the time of filing

3- The applicant must have been a US citizen for 3 years at the time of naturalization (if approved)

If requirements 1 and 2 are met, then the applicant can file 90 days before requirement 3 is met (meaning 90 days before the 3rd anniversary of becoming a permanent resident). It doesn't matter if the spouse was naturalized or US-born.

From your description, it sounds like you've already been married for 3 years and your wife has been a resident for 3 years. The only question is whether or not she meets requirement 2.

Have you been a US citizen for over 3 years? If so, your wife can file under the 3 year rule.

Just to clarify, if you just became a citizen last month, but she got her green card 3 years ago (through whatever means), then she would not qualify under the 3 year rule. But if you were naturalized over 3 years ago, then she qualifies.

Of course, she also has to meet all the other requirements listed here:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD.html

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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  • 2 months later...
Filed: Timeline

Hello,

Here is my situation:
*I become US Citizen on March 2011 through Naturalization
*I did a k1 petition for my wife on April of 2011, it was approved in January of 2012
* She came in January 2012, and We got married in February 2012
* She got her temporal green card on September 2012
* She got her permanent resident through I-751 on September 2014
* Will she able to apply to citizenship on June 2015? (3 months before)
* Does she qualified for the 3 year rule?
Does make any difference that I am naturalized?
Thanks!
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Filed: Citizen (apr) Country: Ireland
Timeline

Hello,

Here is my situation:
*I become US Citizen on March 2011 through Naturalization
*I did a k1 petition for my wife on April of 2011, it was approved in January of 2012
* She came in January 2012, and We got married in February 2012
* She got her temporal green card on September 2012
* She got her permanent resident through I-751 on September 2014
* Will she able to apply to citizenship on June 2015? (3 months before) YES
* Does she qualified for the 3 year rule? YES
Does make any difference that I am naturalized? NO
Thanks!

N400


Filing based on 3yrs/USC Spouse. 3 year residency anniversary is in August 2014. Filed immediately after the 90-day early filing mark (May 2014)


05/06/2014 - Mailed N-400

05/15/2014 - Check cashed

05/12/2014 - NOA Date

06/11/2014 - Biometrics Appointment

09/15/2014 - Inline for interview scheduling (was stuck in "Initial Review" for over 3 months!)

10/27/2014 - Scheduled for interview

12/01/2014 - Interview

12/19/2014 - I AM A US CITIZEN!


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