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Posted

I have a doubt...
A person married with an American Citizen has the benefit of becoming a Citizen at (3) years ... by Adjustment of Status ...
What I don't know is, if USCIS starts counting for 3 years from the day they get married, or from the day they get residency?
 To complete those 3 years?

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Time starts from the day on their green card( When they become and LPR). Then you can apply 90 days before the 3 years is hit. Make sure you use the USCIS calculator to make sure you are eligible, and even add a week leeway or so to be safe.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Posted (edited)
18 minutes ago, D.&.P. said:

I have a doubt...
A person married with an American Citizen has the benefit of becoming a Citizen at (3) years ... by Adjustment of Status ...
What I don't know is, if USCIS starts counting for 3 years from the day they get married, or from the day they get residency?
 To complete those 3 years?

That is not completely correct.  A Legal resident has the benefit of applying for citizenship after both being married to a US citizen for 3 years AND being a legal resident for 3 years.  Not every legal resident has to adjust status....i.e., a person who enters the US via a CR-1 or IR-1 visa.  A person who enters the US via a CR-1 (and remains married) can apply for citizenship at 3 years minus 90 days after entering the US.

 

For a person who has adjusted status, that 3 years starts when the Green Card is approved.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
19 minutes ago, D.&.P. said:

I have a doubt...
A person married with an American Citizen has the benefit of becoming a Citizen at (3) years ... by Adjustment of Status ...
What I don't know is, if USCIS starts counting for 3 years from the day they get married, or from the day they get residency?
 To complete those 3 years?

If you are not a LPR before marriage then it would be 3 years from the date of residency. 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
3 hours ago, Lucky Cat said:

That is not completely correct.  A Legal resident has the benefit of applying for citizenship after both being married to a US citizen for 3 years AND being a legal resident for 3 years.  Not every legal resident has to adjust status....i.e., a person who enters the US via a CR-1 or IR-1 visa.  A person who enters the US via a CR-1 (and remains married) can apply for citizenship at 3 years minus 90 days after entering the US.

 

For a person who has adjusted status, that 3 years starts when the Green Card is approved.

 

For clarification, you don't have to "stay married" to naturalize at 3 years, you just have to be married to a USC for 3 years. Doesn't have to be the one who petitioned you, doesn't even have to be a spousal petition to begin with.

Posted
1 hour ago, Mollie09 said:

 

For clarification, you don't have to "stay married" to naturalize at 3 years, you just have to be married to a USC for 3 years. Doesn't have to be the one who petitioned you, doesn't even have to be a spousal petition to begin with.

Thanks for clarifying...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)

Multiple Requirements Apply - Length of Residency since Green Card & Length of Marriage

Not to put too fine a point on it, but you DO have to be married for 3 years AND been a green card resident for 3 years (minus 90 days)  to file for citizenship under family relationship basis.

 

In our case, due to our extremely quick DCF, we arrived in the US via CR-1 very shortly after marrying (a few weeks later actually).

Three years minus 90 days, we would have qualified to apply for citizenship, HOWEVER, we had not been married for 3 years yet at 90 days before three years of residency?

So, we have to wait a few more weeks, and filed the day after our third wedding anniversary.

The system prevented us from filing the N-400 prior to that, saying that we had not been married long enough, even though we met the 3 years  - 90 Day  green card residency requirement.

 

Just an outlier case, that few will be subject to, but it can happen. It happened to us.

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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