When exactly can we apply for husband's citizenship?

[Camelot13 63]

Hi we're currently waiting on the ROC on my husband's green card. We filed on Sept 21, 2016. I'm trying to find out when he can apply for naturalization. All the guides I've seen says you can apply if you've been married for 3 years, so is naturalization requirement based on the date of your wedding? We got married on May 10, 2014 so we've been married more than 3 years now. So does that mean we can send in an application at any time OR is it based on the date of original green card approval, which for us was Oct 29, 2014.

 

For ROC, we were able to apply two years after the original green card approval date minus 3 months (so 21 months after approval). I had always assumed that was the case for naturalization too, but now I am confused. If anyone could clarify when we can send in our application, I'd appreciate it. Thanks!

[mallafri76 1,012]

Three years minus 90 days as LPR, as long as married to the same US spouse. 

 

Edit: Here's a link to USCIS' worksheet;

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship & Naturalization Based Resources/A Guide to Naturalization/PDFs/M-480.pdf

Edited July 26, 2017 by mallafri76

[Scandi 4,166]

32 minutes ago, Camelot13 said:

Hi we're currently waiting on the ROC on my husband's green card. We filed on Sept 21, 2016. I'm trying to find out when he can apply for naturalization. All the guides I've seen says you can apply if you've been married for 3 years, so is naturalization requirement based on the date of your wedding? We got married on May 10, 2014 so we've been married more than 3 years now. So does that mean we can send in an application at any time OR is it based on the date of original green card approval, which for us was Oct 29, 2014.

 

For ROC, we were able to apply two years after the original green card approval date minus 3 months (so 21 months after approval). I had always assumed that was the case for naturalization too, but now I am confused. If anyone could clarify when we can send in our application, I'd appreciate it. Thanks!

The guides you read said that you have to be an LPR for 3 years and married to the same person for those 3 years. So it's not so much about how long the two of you have been married, it's about how long you've been an LPR while married to that person.

 

So basically, count 3 years from the date you became an LPR and then minus 90 days, that's when you can apply for naturalization at the earliest.

[Camelot13 63]

Wonderful, thank you so much for clarifying! Sounds like I had the right idea originally and then got confused. My husband had his green card approved on Oct 29, 2014 so looks like Aug 1, 2017 would be the date we could apply. 

[Wuozopo 4,293]

1 hour ago, Camelot13 said:

Wonderful, thank you so much for clarifying! Sounds like I had the right idea originally and then got confused. My husband had his green card approved on Oct 29, 2014 so looks like Aug 1, 2017 would be the date we could apply. 

His card will have a date on it. Resident since ______. Use that date for counting.

No matter when you send the application in, 90 days early, 10 days, or 1day, he can't be a citizen before that eligibility date of three years passes. 

 

[charmander 692]

15 hours ago, Wuozopo said:

No matter when you send the application in, 90 days early, 10 days, or 1day, he can't be a citizen before that eligibility date of three years passes.

You are correct. USCIS ensures this putting the early filer applicants in line for interview typically (most of the time exactly) 1 month before the 3rd or 5th anniversary. Since the interviews are scheduled around 5 weeks ahead of time, by the time the applicant has his/her naturalization interview this requirement will already be satisfied.