Marital Union Criteria for N-400 based on Marriage

[INCHAPE7 21]

Hi,

 

I have been married to my US citizen spouse since Jan 2014. So currently it's 3 years and 10 months. I applied to remove conditions( I-751) in Dec 2016 and it's still pending( obviously!). I saw many are applying for naturalization based on the 3 year married to US citizen criteria. I know we are eligible to apply 90 days before the 3rd year of continuous residence. My confusion is, USCIS states that we should be married and living in marital union for past 3 years, but my concern is, I was married to the same US citizen spouse in 2014 in my native country and later she filed for I-130 while i had remain at my native country for almost a 1 year and 2 months before my i-130 was approved, and i immigrated in 2015 Feb. So technically i'm married for over 3 years but when it comes to living together, it's just 2 years and 9 months( since the day i entered USA in Feb 2015). So can i still go ahead and apply for Naturalization or should i wait to complete three years of living together with my wife before i will be eligible. I qualify when it comes to the rest of the criteria based on 3 years marriage to US citizen. Kindly help if anyone has been in this situation. I couldn't find any threads on this topic.

[Californiansunset 336]

You can apply to become a US citizen after three years of being a permanent resident (approval of Greencard) based on marriage with a US citizen. You can apply 90 days before that date so yes, you can go ahead and file it now since you meet all the criteria. 

[Gorkhali 214]

u are amazing in making the most simple question the most complex one. I never even read the code that i am coding twice .. but u made me read ur question twice .. anyway here is the answer.

 

Once u because GC holder .. then the clock starts .. 3 years from being GC holder 

[INCHAPE7 21]

Thanks guys for the reply.

I found this under USCIS policy Manual.

"D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must be the spouse of a U.S. citizen from the time of filing the Application for Naturalization until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse prior to filing the Application for Naturalization. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

 

 

Based on the USCIS policy manual quote above( especially underlined portion),  let me zoom in to the main concern again and i will simplify. Do i need to be living in the same house with my spouse for continuously straight 3 years to be eligible. Like i said, though i've been married for over three years, i have only lived with her for only 2 years and 9 months until this date. No military background for both of us. Please help.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to US Citizenship Discussion.

[N-o-l-a 7,167]

21 hours ago, INCHAPE7 said:

Thanks guys for the reply.

I found this under USCIS policy Manual.

"D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must be the spouse of a U.S. citizen from the time of filing the Application for Naturalization until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse prior to filing the Application for Naturalization. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

 

 

Based on the USCIS policy manual quote above( especially underlined portion),  let me zoom in to the main concern again and i will simplify. Do i need to be living in the same house with my spouse for continuously straight 3 years to be eligible. Like i said, though i've been married for over three years, i have only lived with her for only 2 years and 9 months until this date. No military background for both of us. Please help.

 

The 3 years  is from the date you got the LPR status.  The marital union thing is no issue for you, this is a very common way to file under the 3 year rule.   It is more aimed at preventing couples who are separated from filing under the 3 year rule, etc.

[candybabe 46]

On ‎11‎/‎3‎/‎2017 at 2:13 PM, Californiansunset said:

You can apply to become a US citizen after three years of being a permanent resident (approval of Greencard) based on marriage with a US citizen. You can apply 90 days before that date so yes, you can go ahead and file it now since you meet all the criteria. 

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

 

They can only apply after living for 3 years with the their USC spouse in the same residence.

 

So in scenario :

 

I-130 approved -> GC interview at the embassy -> GC was approved in native country in January 2015

• Alien spouse travels to US in January 2015 and starts living with USC spouse right away then they would only be eligible to apply on February 1 2018 ( to be sure - lets say they came in January 15 not January 1)
• Alien spouse travels to US in March 2015 and starts living with USC spouse right away then they would only be eligible to apply in April 2018
• If alien spouse comes to the US and does not start living with US spouse until June 2015, then they would only be eligible to apply July 2018

There have been numerous cases denied due to not meeting the residency requirement - they will count the days, not to mention the months and when it comes to the N-400 at 3 year mark, you do not get the same tolerance of 90 days before meeting the residency requirement....

 

 

[geowrian 22,337]

12 minutes ago, candybabe said:

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

LPR status is granted at POE upon entry on an immigrant visa. A visa being issued is not when LPR status begins. "Green card approval" is an inaccurate/confusing term here...there's the visa being issued and entry on the immigrant visa.

 

For the purposes of anything to do with LPR status, this falls under the latter. Prior to LPR status, it just means you have a piece of paper that (in part) lets you board a plane and apply for entry.

 

As for the OP's actual question, I don't see an issue with filing in the 90 day period.

Edited November 6, 2017 by geowrian

[candybabe 46]

13 minutes ago, Dee elle said:

My take on dates of GC approval...

Approval at consular interview is the IR CR visa, giving the beneficiary to right to appear at POE and request to be allowed to enter and take LPR status.. LPR status... and hence have a GC, is only conferred when you enter the US. 

 

Once this happens, the GC when received, will have the date of POE as the date for LPR since....

 

So, if you remain married to the person who filed your I130, then 90 days before the 3 year anniversary of  your POE, you can file for Naturalization. 

 

Length of marraige before POE has nothing to do with the N400 filing date 

You are NOT eligible for naturalization at 90 days BEFORE meeting the 3 years continuous residence with the USC.

https://www.uscis.gov/n-400

 

 

Edited November 6, 2017 by candybabe

[candybabe 46]

6 minutes ago, candybabe said:

You are NOT eligible for naturalization at 90 days BEFORE meeting the 3 years continuous residence with the USC.

https://www.uscis.gov/n-400

see above -

[N-o-l-a 7,167]

33 minutes ago, candybabe said:

This is wrong - the Green Card approval took place in the OPs native country and they came here with the I-551 stamp .

 

They can only apply after living for 3 years with the their USC spouse in the same residence.

 

So in scenario :

 

I-130 approved -> GC interview at the embassy -> GC was approved in native country in January 2015

• Alien spouse travels to US in January 2015 and starts living with USC spouse right away then they would only be eligible to apply on February 1 2018 ( to be sure - lets say they came in January 15 not January 1)
• Alien spouse travels to US in March 2015 and starts living with USC spouse right away then they would only be eligible to apply in April 2018
• If alien spouse comes to the US and does not start living with US spouse until June 2015, then they would only be eligible to apply July 2018

There have been numerous cases denied due to not meeting the residency requirement - they will count the days, not to mention the months and when it comes to the N-400 at 3 year mark, you do not get the same tolerance of 90 days before meeting the residency requirement....

 

 

 

Do you have any links to cases where people filed in the 90 days before 3 years of "living together" and LPR status that got denied?  I can not think of one such case I've seen, unless it has something to do with your local field office, Hartford, who are beyond notoriously incompetent and unaware of USCIS policies.

[candybabe 46]

6 minutes ago, Dee elle said:

I did see above..Page 4, after part 6 of How to fill out  the form.....in bold it says MAY file in the 90 period before the 3 years contiuous residence... where are you reading that they cannot? 

They can file but they are not eligible for naturalization before the 3 year mark -

[candybabe 46]

3 minutes ago, N-o-l-a said:

 

Do you have any links to cases where people filed in the 90 days before 3 years of "living together" and LPR status that got denied?  I can not think of one such case I've seen, unless it has something to do with your local field office, Hartford, who are beyond notoriously incompetent and unaware of USCIS policies.

it is a known fact that cases submitted early are actually delayed from being placed in line for interview - they are only placed in line ( granted they did biometrics ) after they become eligible.

 

in example - if they file 90 days early, today Nov 6, biometrics probably by end of November, clear background check in a few days , in theory beginning of December ( if they were eligible ) they would be placed in line for interview and then the Field Office would take them into account when interview slots become available.

 

because they are filing early - they will not be placed in line until later when they become eligible - so they still have to wait the 3 months time, except that they are therefore forward financing USCIS with no visible benefit....

 

so they are going to pay $725 to the USCIS to sit in a drawer until they become eligible......

 

 

[geowrian 22,337]

49 minutes ago, candybabe said:

They can file but they are not eligible for naturalization before the 3 year mark -

Right. They won't interview before that time and it cannot be approved before that period, but they can qualify to file fine and without that 90 day period being held against them.

 

This is drastically different than your earlier claim (both on the rule of when the clock starts as well as when you can apply after it starts):

1 hour ago, candybabe said:

They can only apply after living for 3 years with the their USC spouse in the same residence.

 

43 minutes ago, candybabe said:

it is a known fact that cases submitted early are actually delayed from being placed in line for interview - they are only placed in line ( granted they did biometrics ) after they become eligible.

I've never heard of any such thing about filing early delaying the process on the whole. It may or may not be that they don't enter the queue for an interview until they meet the 3 year requirement, but it's not an issue to file and would still be "ahead" in the queue sooner than waiting the 90 days then filing.

 

43 minutes ago, candybabe said:

because they are filing early - they will not be placed in line until later when they become eligible - so they still have to wait the 3 months time, except that they are therefore forward financing USCIS with no visible benefit....

 

so they are going to pay $725 to the USCIS to sit in a drawer until they become eligible......

Maybe. What's the problem with that?

I guess that $725 could earn ~$1.75 over 90 days (pre-tax!) sitting in a savings account instead? But I'd personally want to just have it done and the hardest part of the process over with.

[charmander 692]

3 hours ago, candybabe said:

it is a known fact that cases submitted early are actually delayed from being placed in line for interview - they are only placed in line ( granted they did biometrics ) after they become eligible.

 

in example - if they file 90 days early, today Nov 6, biometrics probably by end of November, clear background check in a few days , in theory beginning of December ( if they were eligible ) they would be placed in line for interview and then the Field Office would take them into account when interview slots become available.

 

because they are filing early - they will not be placed in line until later when they become eligible - so they still have to wait the 3 months time, except that they are therefore forward financing USCIS with no visible benefit....

 

so they are going to pay $725 to the USCIS to sit in a drawer until they become eligible......

 

 

I think the word delayed sounds negative. It is the in-line for interview placement delay you're referring to, not an actual interview date delay.

 

When I applied in March 2016, there were four Boston filers. I was the only early filer. Everyone got fingerprinted in similar dates; the other three quickly received their in line notices following the biometrics; I waited 20 days or so to reach the 30-days before anniversary for the in-line notice. Despite getting in line early, the others waited about 3 weeks for the interview notice; but then I only waited 5 days because my priority date was similar to theirs. In the end, I didn't experience any delay due to filing early and I think majority of early filers also have similar stories. Had I waited longer, it was just the time USCIS introduced the ELIS filing, god knows but I could have been delayed 5-6 months just because of that mess up.