Earlier citizenship due to marriage? (merged)

[splatterpaint 0]

My wife finally got a green card.  We've been living in the US for a year.  We've been married for almost three years.

 

A friend of hers who obtained her US citizenship told her that she does not need to wait the normal 3 years for her citizenship,

because she's been married to me already for three years (we were living outside the US before).  She told her that she should

be able to test for her citizenship after a year and a half of being in the US (minus time spent outside the States).  Is this true?

 

Thank you

Edited March 29, 2017 by Penguin_ie

[Transborderwife 4,666]

1 minute ago, splatterpaint said:

My wife finally got a green card.  We've been living in the US for a year.  We've been married for almost three years.

 

A friend of hers who obtained her US citizenship told her that she does not need to wait the normal 3 years for her citizenship,

because she's been married to me already for three years (we were living outside the US before).  She told her that she should

be able to test for her citizenship after a year and a half of being in the US (minus time spent outside the States).  Is this true?

 

Thank you

Your friend is wrong.  

[Ben&Zian 4,398]

While their is the 3 year marriage rule, it usually goes off the time that the spouse officially receives their GC. Clock starts....

 

Even if it started from time of your marriage, their is a residency time line that must be met, meaning must spend so much of the 3 years inside the US to even be eligible.

[Ash.1101 1,756]

Yep, she has to be a green card holder for at least 3 years, not just simply be married for 3 years.

[splatterpaint 0]

My wife has her green card.  We've been married for 3 years.  We've lived in the US for 1 year.  I think I understand what we have to do now, but I want to be absolutely sure.

 

We must spend a minimum of 1.5 years in the US out of a 3 year period, never leaving for more than a year during this time (otherwise the green card may be revoked).

At the 2-year point of her being in the US, I need to fill out an I-751 (and pay a large amount of money).  After we reach the 3 year anniversary of her green card (and again,

having spent 1.5 years in the US), we contact someone to set up a test.  She takes the test, passes, takes an oath, and is a citizen.

 

Do I have it right?

 

Thank you very much

 

[splatterpaint 0]

My wife has her green card.  We've been married for 3 years.  We've lived in the US for 1 year.  I think I understand what we have to do now, but I want to be absolutely sure.

 

We must spend a minimum of 1.5 years in the US out of a 3 year period, never leaving for more than a year during this time (otherwise the green card may be revoked).

At the 2-year point of her being in the US, I need to fill out an I-751 (and pay a large amount of money).  After we reach the 3 year anniversary of her green card (and again,

having spent 1.5 years in the US), we contact someone to set up a test.  She takes the test, passes, takes an oath, and is a citizen.

 

Do I have it right?

 

Thank you very much

 

[Ben&Zian 4,398]

Pretty much got the answer here.   And at the time when eligible she applies for the N-400.

 

 

[Transborderwife 4,666]

No.  She removed conditions first.  You pay for the 10 year free card.  Then once she's had her greencard for 3 years you may file n-400 (another fee) and she goes through the citizenship process 

[splatterpaint 0]

3 minutes ago, Transborderwife said:

No.  She removed conditions first.  You pay for the 10 year free card.  Then once she's had her greencard for 3 years you may file n-400 (another fee) and she goes through the citizenship process 

Her green card is already a 10 year green card.  Is that what you mean?  Since we've been in the US a year, I think in 2 years we can file N-400, right?

Thanks

[Transborderwife 4,666]

Just now, splatterpaint said:

Her green card is already a 10 year green card.  Is that what you mean?  Since we've been in the US a year, I think in 2 years we can file N-400, right?

Thanks

Yes.  Providing she meets the continuous residency guidelines 

[Penguin_ie 5,993]

***** three threads merged and moved from CR-1 spousal visa to US citizenship forum.  Please only post once on an issue/ question. *****

[dwheels76 5,468]

3 hours ago, splatterpaint said:

Her green card is already a 10 year green card.  Is that what you mean?  Since we've been in the US a year, I think in 2 years we can file N-400, right?

Thanks

The clock starts when she became a Legal Permanent Resident (LPR). So that date should be on her green card (date issued) 90 days from 3 years of her being a LPR you can file if you meet all the requirements since she was a green card holder of residency in US.

[blue_angel_29 108]

9 hours ago, splatterpaint said:

My wife has her green card.  We've been married for 3 years.  We've lived in the US for 1 year.  I think I understand what we have to do now, but I want to be absolutely sure.

 

We must spend a minimum of 1.5 years in the US out of a 3 year period, never leaving for more than a year during this time (otherwise the green card may be revoked).

At the 2-year point of her being in the US, I need to fill out an I-751 (and pay a large amount of money).  After we reach the 3 year anniversary of her green card (and again,

having spent 1.5 years in the US), we contact someone to set up a test.  She takes the test, passes, takes an oath, and is a citizen.

 

Do I have it right?

 

Thank you very much

 

 

She should have the 10 yesr GC already since you've been married more than 2 years. 

 

The date she has on the GC plus 3 years (minus 90 days at the EARLIEST) she can file for N-400. I believe the fee is now about $800 with the biometrics could change. 

 

You DON'T need to file i-751 because she doesn't have a conditional GC.

 

hope this helps

[splatterpaint 0]

13 minutes ago, blue_angel_29 said:

 

She should have the 10 yesr GC already since you've been married more than 2 years. 

 

The date she has on the GC plus 3 years (minus 90 days at the EARLIEST) she can file for N-400. I believe the fee is now about $800 with the biometrics could change. 

 

You DON'T need to file i-751 because she doesn't have a conditional GC.

 

hope this helps

I was mistaken - I was sure she had a 10-year GC but it's not.  I think if we waited two more months, she would have a 10 year.  So, we have to do an I-751 90 days before her GC expires, right?  Then, can we do the N-400 3 years from the date on her current green card, or the new one (after we do the I-751)?  Are I-751s tricky in addition to being expensive, or pretty routine?

 

Thank you

[blue_angel_29 108]

10 minutes ago, splatterpaint said:

I was mistaken - I was sure she had a 10-year GC but it's not.  I think if we waited two more months, she would have a 10 year.  So, we have to do an I-751 90 days before her GC expires, right?  Then, can we do the N-400 3 years from the date on her current green card, or the new one (after we do the I-751)?  Are I-751s tricky in addition to being expensive, or pretty routine?

 

Thank you

So, to clarify, she got her GC BEFORE your second marriage anniversary? Is the GC issue date before you were married 2 years?

 

If so, then you will need to file the i-751. 

 

From what I have read here in VJ, it's pretty routine. Just make sure you have lots of proof of bonafide marriage. Lease, wills, bank statements.

 

My friend said that the process of i751 is easier than k1 especially they are already together during 751.

 

3 years after the issue date of the conditional GC, she can file n-400.

 

Good luck

 

If anything I said is wrong, please correct me. 

Edited March 30, 2017 by blue_angel_29