Marriage time and filing time for citizenship

[lifegoeson123 3]

Dear guys,

 

My marriage is 2 years 11 months up to now but my permanent resident card is 2 years 9 months.

 

I know we can file early 90 days based on this calculation

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

but do I need to wait for my marriage to be 3 years to be able to file early 90 days for N400 citizenship ?

 

I have checked with some people and they say marriage date does not matter. What matter is 2 years 9 months on permanent resident card.

It takes time to process and interview. I have been waiting 1 year for 10 year green card. By the time I get approved for 10 year green card and citizenship interview, my marriage may reach 3 years already.

 

 

[Alabamak1 688]

 

Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

Edited October 27, 2018 by Alabamak1

[mrmvkjts 459]

Somebody correct me if I'm wrong, but as far as I know, it has to be 3 years of being a LPR AND married to the same person who petitioned you until you are able to file for citizenship.. 

 

 

otherwise people who have been married for like 20 years before getting to the US would be able to apply for citizenship right away, you know?  and that is not possible

 

so, yes, you would have to wait!

Edited October 27, 2018 by mrmvkjts

[James D 39]

6 minutes ago, mrmvkjts said:

otherwise people who have been married for like 20 years before getting to the US would be able to apply for citizenship right away, you know? 

that's not right... 

Wish it were true. We are married 30 years,lived in the USA for nearly three then I started working overseas.  Never got citizenship for her. Would be great to get her citizenship as  soon as we get her new green card - she could get some real opportunities in her career.

 

Edited October 27, 2018 by James D
correction

[Alabamak1 688]

on top of that, you need to be remained married to that same person all the way through the Oath Ceremony. Policy changes on November 1, 2018

[mrmvkjts 459]

2 minutes ago, James D said:

I don't believe that is true. I was just looking at the rules today and married 3, 10 or 20 years makes no difference. Rules are the same my wife, married to me for 30 years, as for one married 3 years. What counts is her time residing in the USA. 

that is what I said.....if you would have just read my whole comment. 

you're not able to apply.. it is the permanent residency that counts.. plus you need to be married to the same person. 

 

 

Edited October 27, 2018 by mrmvkjts

[James D 39]

4 minutes ago, mrmvkjts said:

that is what I said.....if you would have just read my whole comment. 

you're not able to apply.. it is the permanent residency that counts.. plus you need to be married to the same person. 

 

 

Yeah. Sorry bout that. I misunderstood the first time I read your post.

[lifegoeson123 3]

Thank you everyone for so fast response.

 

So just to confirm: As long as the Date on Green Card lawful permanent resident is 2 years 9 months, you can apply for citizenship. You must remain married to the same spouse until Oath ceremony.

 

Otherwise, if your marriage is earlier than 3 years, it does not matter, right?

I would like to attached 2 files I saw when apply for N400. The questionaire confused me because it says top (our marriage is only 2 years 11 months) but my my green card as lawful resident is 2 years 9 months.

 

Thanks everyone.

[Alabamak1 688]

5 minutes ago, lifegoeson123 said:

Thank you everyone for so fast response.

 

So just to confirm: As long as the Date on Green Card lawful permanent resident is 2 years 9 months, you can apply for citizenship. You must remain married to the same spouse until Oath ceremony.

 

Otherwise, if your marriage is earlier than 3 years, it does not matter, right?

I would like to attached 2 files I saw when apply for N400. The questionaire confused me because it says top (our marriage is only 2 years 11 months) but my my green card as lawful resident is 2 years 9 months.

 

Thanks everyone.

You need to have been married to same citizen for at least 3 years

you need to remain married to the same citizen till oath ceremony

you need to file for n-400 after the 3 years as resident are over, not in 2 years 9 months. 

 

Edited October 27, 2018 by Alabamak1

[little immigrant 801]

That's weird because I filed 90 days earlier from the date I became eligible. 

[lifegoeson123 3]

@little immigrant I read we can file 90 days earlier. That 's why they have the link https://www.uscis.gov/forms/uscis-early-filing-calculator for us to calculate.

 

Was your marriage at least 3 years at the time point of filing?

 

 

[payxibka 10,045]

Once you can answer true to the four true/false questions then you calculate the length of residency for the 90 day early filing window

[little immigrant 801]

51 minutes ago, lifegoeson123 said:

@little immigrant I read we can file 90 days earlier. That 's why they have the link https://www.uscis.gov/forms/uscis-early-filing-calculator for us to calculate.

 

Was your marriage at least 3 years at the time point of filing?

 

 

It was under the 5 year rule in my case. I even mentioned in my cover letter that I'll be eligible at the end of October when I filed beginning of August. 

[geowrian 22,337]

27 minutes ago, little immigrant said:

It was under the 5 year rule in my case. I even mentioned in my cover letter that I'll be eligible at the end of October when I filed beginning of August. 

The 5 year rule has no marriage requirement, so the 90 day early filing window alone was sufficient to file.

[JFH 12,190]

7 hours ago, Alabamak1 said:

You need to have been married to same citizen for at least 3 years

you need to remain married to the same citizen till oath ceremony

you need to file for n-400 after the 3 years as resident are over, not in 2 years 9 months. 

 

Incorrect. Early filing opens 90 days before the third anniversary of the “resident since” date on the green card. The marriage must also be at least as long as the residency. 

 

OP be careful with the dates. 90 days is not three months. Check the USCIS calculator for your exact early filing date. My “resident since” date is December 19 but my early filing date is September 20 not September 19 because they count 90 days, not 3 months.