Eligibility Question

[TigerFlower 61]

Hello wise VJers! This site has been such a godsend during our journey! Sorry to clog the forum with a lame question. There is a huge source of information on the topic, but I find myself confused. I am the USC. My husband and I were married December 20, 2012. However, if I am reading the guidelines correctly, he is not eligible for citizenship until 3 years after his AoS approval date (08/15/13), not after 3 years of marriage, which would be 12/20/15. Is this correct?

[Kastrs 723]

You are eligible after the following 2 criteria have been met (for 3 years)

1- marriage to a USC

2- being an LPR

Since your husband entered using a K1 visa his 3 years starts from the date on his first GC

[TigerFlower 61]

Thank you, Kastrs... that would be 08/15/16 then (3 years after his AoS approval date of 08/15/13)? And here I was gearing up for a packet and studying!

[aaron2020 11,651]

The 3 years citizenship rule - 1. Married to and living with a USC spouse for 3 years AND 2) been a LPR for 3 years.

There are two requirements . Both have to be met. Meeting one is not enough.

On your 3rd wedding anniversary, your husband would not have been an LPR for 3 years. He would not meet the 2nd requirement.

On the 3rd anniversary of getting his LPR status, he would meet both requirements.

[TigerFlower 61]

The 3 years citizenship rule - 1. Married to and living with a USC spouse for 3 years AND 2) been a LPR for 3 years.

There are two requirements . Both have to be met. Meeting one is not enough.

On your 3rd wedding anniversary, your husband would not have been an LPR for 3 years. He would not meet the 2nd requirement.

On the 3rd anniversary of getting his LPR status, he would meet both requirements.

Thank you for the confirmation!

[Nich-Nick 3,354]

Thank you, Kastrs... that would be 08/15/16 then (3 years after his AoS approval date of 08/15/13)? And here I was gearing up for a packet and studying!

You can mail it 90 days prior to eligibility, so mid May-ish filing.

[TigerFlower 61]

You can mail it 90 days prior to eligibility, so mid May-ish filing.

Oh, yes! The 90 day window. Thank you as always, Nich-Nick!

[NexGen 8]

Oh, yes! The 90 day window. Thank you as always, Nich-Nick!

Tigerflower - based on my and many other people's experience, I would not rush to file when the 90-window opens since (most) USCIS offices will not schedule your interview until you hit or pass the 3 or 5 year anniversary date of your GC. It can be extremely frustrating waiting for months with little to no movement on your application. Best to apply about 30-45 days into the eligibility window to avoid pulling your hair out.

[TigerFlower 61]

Tigerflower - based on my and many other people's experience, I would not rush to file when the 90-window opens since (most) USCIS offices will not schedule your interview until you hit or pass the 3 or 5 year anniversary date of your GC. It can be extremely frustrating waiting for months with little to no movement on your application. Best to apply about 30-45 days into the eligibility window to avoid pulling your hair out.

Thank you, NexGen. Last thing we want is more waiting... we're not in a rush; I was confused about when was 'safe'. We'll just wait until the three year mark and take it easy. Really appreciate this community as always!

[Nich-Nick 3,354]

Thank you, NexGen. Last thing we want is more waiting... we're not in a rush; I was confused about when was 'safe'. We'll just wait until the three year mark and take it easy. Really appreciate this community as always!

The concept of filing 90 days early is so your biometrics and initial paperwork can be done. And should you make any mistakes, you can address any RFE in that period. Then when the mid-August date hits you are way up the line to go do the interview/test instead of just beginning.

[TigerFlower 61]

The concept of filing 90 days early is so your biometrics and initial paperwork can be done. And should you make any mistakes, you can address any RFE in that period. Then when the mid-August date hits you are way up the line to go do the interview/test instead of just beginning.

That makes perfect sense.