When to file for citizenship?

[ThinkerBelle 5]

Hello everyone.

How long is the minimum required residency for an immigrant to qualify to start process towards citizenship?

For someone who migrated through an employment based immigrant visa (EB3) in January 2017, and got married to a US citizen the same year; how many more years is needed until the immigrant can start applying for citizenship?

 

Thanks 

[geowrian 22,337]

At a minimum, 5 years from getting the green card OR 3 years from marrying the USC (starting from after getting the green card). Whichever one comes first (although the 3 year one means proving a bona fide marriage).

Edited November 21, 2018 by geowrian

[bad4tatt 168]

27 minutes ago, geowrian said:

At a minimum, 5 years from getting the green card OR 3 years from marrying the USC (starting from after getting the green card). Whichever one comes first (although the 3 year one means proving a bona fide marriage).

My radar definitely went up!

[ThinkerBelle 5]

1 hour ago, geowrian said:

At a minimum, 5 years from getting the green card OR 3 years from marrying the USC (starting from after getting the green card). Whichever one comes first (although the 3 year one means proving a bona fide marriage).

Thank you! So in this case, because of marriage to a US citizen the applicant wont have to wait 5 years to start process? 

 

44 minutes ago, bad4tatt said:

My radar definitely went up!

What do you mean your radar went up? 

[geowrian 22,337]

1 hour ago, ThinkerBelle said:

Thank you! So in this case, because of marriage to a US citizen the applicant wont have to wait 5 years to start process?

Correct. You can  qualify to apply under the 3 year rule if you both 1) are married to a USC for at least 3 years (and remain married), and 2) have been an LPR for those same years.

[Lemon23 400]

5 hours ago, ThinkerBelle said:

Hello everyone.

How long is the minimum required residency for an immigrant to qualify to start process towards citizenship?

For someone who migrated through an employment based immigrant visa (EB3) in January 2017, and got married to a US citizen the same year; how many more years is needed until the immigrant can start applying for citizenship?

 

Thanks 

that question is, how did you obtain your green card, is through marriage from a US citizen or employment based green card?, because they have different criteria.

[geowrian 22,337]

4 minutes ago, Lemon23 said:

that question is, how did you obtain your green card, is through marriage from a US citizen or employment based green card?, because they have different criteria.

Doesn't matter. The actual requirement is being married to a USC and being an LPR for 3 years, not how the green card was obtained.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

"The spouse must establish that he or she meets the following criteria in order to qualify:

•Age 18 or older at the time of filing.

•LPR at the time of filing the naturalization application.

•Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

•Living in marital union with the citizen spouse for at least three years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those three years).

•Continuous residence in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization.

•Physically present in the United States for at least 18 months (548 days) out of the three years immediately preceding the date of filing the application.

•Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least three months prior to the date of filing.

•Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage.

•Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

•Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.

•Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law."

[Lemon23 400]

14 minutes ago, geowrian said:

Doesn't matter. The actual requirement is being married to a USC and being an LPR for 3 years, not how the green card was obtained.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

"The spouse must establish that he or she meets the following criteria in order to qualify:

•Age 18 or older at the time of filing.

•LPR at the time of filing the naturalization application.

•Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

•Living in marital union with the citizen spouse for at least three years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those three years).

•Continuous residence in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization.

•Physically present in the United States for at least 18 months (548 days) out of the three years immediately preceding the date of filing the application.

•Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least three months prior to the date of filing.

•Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage.

•Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

•Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.

•Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law."

I know this rule, but OP did not mention how he or she obtained the green card that's why I asked. OP migrated through EB3 and married to US citizen but did not mention how OP obtained the green card, because usually you can apply for citizenship after 5 years if you obtained your green card through EB3. Makes sense?

Edited November 21, 2018 by Lemon23

[geowrian 22,337]

2 minutes ago, Lemon23 said:

I know this rule, but OP did not mentioned how he or she obtained the green card that's why I asked. OP migrated through EB3 and married to US citizen but did not mention how OP obtained the green card, because usually you can apply for citizenship after 5 years if you obtained your green card through EB3. Makes sense? 

"For someone who migrated through an employment based immigrant visa (EB3) in January 2017, and got married to a US citizen the same year; how many more years is needed until the immigrant can start applying for citizenship? "

 

Under the 5 year rule, they would need to wait until sometime in January 2022 (Jan. 2017 + 5 years), and can file 90 days early.

Under the 3 year rule they would need to wait until sometime in 2020 (2017 + 3 years). Exact date unknown as the date of marriage was not specified.

[Lemon23 400]

1 minute ago, geowrian said:

"For someone who migrated through an employment based immigrant visa (EB3) in January 2017, and got married to a US citizen the same year; how many more years is needed until the immigrant can start applying for citizenship? "

 

Under the 5 year rule, they would need to wait until sometime in January 2022 (Jan. 2017 + 5 years), and can file 90 days early.

Under the 3 year rule they would need to wait until sometime in 2020 (2017 + 3 years). Exact date unknown as the date of marriage was not specified.

 

Under the 5 year rule, they would need to wait until sometime in January 2022 (Jan. 2017 + 5 years), and can file 90 days early.

 

That is the applicable rule for OP since the green card was from EB3 not through marriage.

[geowrian 22,337]

1 minute ago, Lemon23 said:

Under the 5 year rule, they would need to wait until sometime in January 2022 (Jan. 2017 + 5 years), and can file 90 days early.

 

That is the applicable rule for OP since the green card was from EB3 not through marriage.

As noted above and backed by the USCIS Policy Manual, it doesn't matter how the green card was obtained. That is not a criteria for eligability.

[Lemon23 400]

7 minutes ago, geowrian said:

As noted above and backed by the USCIS Policy Manual, it doesn't matter how the green card was obtained. That is not a criteria for eligability.

the rule that you posted was for marriage based green card not for EB3 so that is the confusion here, because EB3 have different requirements regardless if you are married to a US citizen since the green card was obtained through employment not through marriage.

Edited November 21, 2018 by Lemon23

[Lemon23 400]

5 minutes ago, geowrian said:

As noted above and backed by the USCIS Policy Manual, it doesn't matter how the green card was obtained. That is not a criteria for eligability.

A. General Eligibility for Spouses Residing in the United States

 

The spouse of a U.S. citizen who resides in the United States may be eligible for naturalization on the basis of his or her marriage. ^[1] The spouse must have continuously resided in the United States after becoming an LPR for at least three years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those three years.

 

The spouse must establish that he or she meets the following criteria in order to qualify: 

 

•Age 18 or older at the time of filing.

 

•LPR at the time of filing the naturalization application.

 

•Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

 

•Living in marital union with the citizen spouse for at least three years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those three years).

 

•Continuous residence in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization.

 

•Physically present in the United States for at least 18 months (548 days) out of the three years immediately preceding the date of filing the application.

 

•Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least three months prior to the date of filing.

 

•Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. 

 

•Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

 

•Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.

[geowrian 22,337]

6 minutes ago, Lemon23 said:

the rule that you posted was for marriage based green card not for EB3 so that is the confusion here, because EB3 have different requirements regardless if you are married to as US citizen since the green card was obtained through employment not through marriage.

Where does it say that the rule only applies to people who have obtained their green card through marriage? Can you please quote that section?

 

Edit: The part you did post backs up what I stated. Nowhere does it mention how the green card was obtained.

Edit 2: Or can you please note which one of those requirements was not met?

Edited November 21, 2018 by geowrian

[Lemon23 400]

30 minutes ago, geowrian said:

Doesn't matter. The actual requirement is being married to a USC and being an LPR for 3 years, not how the green card was obtained.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

"The spouse must establish that he or she meets the following criteria in order to qualify:

•Age 18 or older at the time of filing.

•LPR at the time of filing the naturalization application.

•Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

•Living in marital union with the citizen spouse for at least three years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those three years).

•Continuous residence in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization.

•Physically present in the United States for at least 18 months (548 days) out of the three years immediately preceding the date of filing the application.

•Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least three months prior to the date of filing.

•Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage.

•Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

•Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.

•Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law."

You posted this with link? and this:

 

The spouse must establish that he or she meets the following criteria in order to qualify:

 

 

1 minute ago, geowrian said:

Where does it say that the rule only applies to people who have obtained their green card through marriage? Can you please quote that section?

bottom line here is that OP falls under 5 years rules since it was an employment based green card not marriage.