Married to a US Citizen Spouse

[happpy 0]

I have a question that is a bit confusing and I would appreciate any insight on this.

My wife came to the US on January 05 and she became a PR.

She is eligible to apply for USC after 3 years minus 90 days which will be end of October 07, however they say that she must be living with her US spouse for the last 3 years, which means that the 90 days early case will not apply, as she will have to apply in Jan 08. We have been married for 4 years but she only came here in jan 05.

Do we have to wait for teh full 3 years or apply 90 days prior?

Thanks

[Kez/JWolf 6]

If you are married to a USC you can file for citizenship 90 days before the 3rd anniversary of the date you became a LPR..... you dont count the 90 days when working out if you have lived together for 3 years.... as you will not be given an interview until your 3 years are up..... the 90 days are to allow processing time and to do your background checks....

Kez

[happpy 0]

Thanks for your reply, but if I understood it correctly, it said you have to be living with your US Spouse for 3 years at the time when you file your application with us!!!!!!!!

Edited May 15, 2007 by happpy

[lucyrich 20]

We had a long discussion on this topic in this thread.

There are two relevant requirements (plus a bunch of other requirements that we don't need to discuss here). The first is that you must have been living "in valid marital union" with a US Citizen spouse for three full years as of the date of filing the application. The second is that you must have been living in the US continuously after having been admitted as a lawful permanent resident for 3 years less 90 days (about two years and nine months).

If you were married and living together for at least three months before the alien became a LPR, then you'll clearly and easily meet the "three years living together with USC spouse" requirement before you meet the continuous residence requirement, so the continuous residence requirement is the critical one, the last one to be met. That's the case for most people who gained LPR status through adjustment of status.

If you were married but not living together until the alien entered the US on a CR-1 visa and gained LPR status, then two years and nine months later, it's clear that you meet the continuous residence requirement, but it's not so clear that you meet the "three years living together in valid marital union with a USC" requirement. You can read the discussion in the other thread, but I'm still not completely sure of the answer.

[happpy 0]

lucyrich,

Thank you very much for your answer.

I am the later case which we got married 4 years ago overseas, then my wife entered the US on a CR1.

So basically she will only meet the 3 yers living together on the 3 years after her arrival. IF this is the requirement than I would rather wait 3 months than go through the process and get delayed or rejected because we submit it early.

I just wanted to get over with the USCIS, but hey we get another year