3 Year Rule clarification

[Catsmeat 0]

My wife and I (US citizen) went through the standard K-1 Visa process. She arrived and we were married in August 2017. She received her conditional Green Card in May 2019.

 

The way I read the instructions, we now have to wait two more years to start her citizenship application because the 3-year rule starts from the time of becoming a Permanent Resident (receipt of green card). Am I right?

 

I wouldn't even ask, but she has two separate friends who also did the fiancee visa and are now citizens, but they both say that their Three Years started from the time they got married to a US Citizen and have been living in the US. In other words, they only waiting three years from the wedding, not three years from becoming a green card holder.

 

I keep looking for information that confirms this, but I only see confirmation of my view. Who is right?

 

My wife is looking at me like I'm an idiot -- she believes her friends.

 

TIA

[aaron2020 11,651]

You are correct.  Her friends are wrong.

 

To qualify under the 3 years rule, your wife must meet all three main conditions.

 

1.  Have a green card for 3 years.

2.  Be married to a US citizen for 3 years.

3.  Live with that US citizen spouse for 3 years.  

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

[Crazy Cat 41,982]

33 minutes ago, Catsmeat said:

My wife and I (US citizen) went through the standard K-1 Visa process. She arrived and we were married in August 2017. She received her conditional Green Card in May 2019.

 

The way I read the instructions, we now have to wait two more years to start her citizenship application because the 3-year rule starts from the time of becoming a Permanent Resident (receipt of green card). Am I right?

 

I wouldn't even ask, but she has two separate friends who also did the fiancee visa and are now citizens, but they both say that their Three Years started from the time they got married to a US Citizen and have been living in the US. In other words, they only waiting three years from the wedding, not three years from becoming a green card holder.

 

I keep looking for information that confirms this, but I only see confirmation of my view. Who is right?

 

My wife is looking at me like I'm an idiot -- she believes her friends.

 

TIA

You are correct. Your spouse can apply 3 years minus 90 days after her Adjustment of Status was approved........assuming she meets the physical presence in the US requirement.   Since she married you before her GC was approved, she will also meet the "married to a US citizen for 3 years" requirement.

Edited July 8, 2020 by Lucky Cat

[gregcrs2 1,778]

Are these her Slavic girlfriends telling her this?  

[Canerican 242]

Agree with @aaron2020 & @Luckycuds. 
 

Being a person who just got citizenship a year ago, it remains as aaron2020 stated, married for 3 years, LPR for 3 years, and live with you for 3 years. She also has to meet the physical presence requirements stated by aaron2020. 

[EireneFaith 54]

1 hour ago, Catsmeat said:

My wife and I (US citizen) went through the standard K-1 Visa process. She arrived and we were married in August 2017. She received her conditional Green Card in May 2019.

 

The way I read the instructions, we now have to wait two more years to start her citizenship application because the 3-year rule starts from the time of becoming a Permanent Resident (receipt of green card). Am I right?

 

I wouldn't even ask, but she has two separate friends who also did the fiancee visa and are now citizens, but they both say that their Three Years started from the time they got married to a US Citizen and have been living in the US. In other words, they only waiting three years from the wedding, not three years from becoming a green card holder.

 

I keep looking for information that confirms this, but I only see confirmation of my view. Who is right?

 

My wife is looking at me like I'm an idiot -- she believes her friends.

 

TIA

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

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 Lawful 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

 

[Lucky2Lucky 2,526]

2 hours ago, Catsmeat said:

My wife and I (US citizen) went through the standard K-1 Visa process. She arrived and we were married in August 2017. She received her conditional Green Card in May 2019.

 

The way I read the instructions, we now have to wait two more years to start her citizenship application because the 3-year rule starts from the time of becoming a Permanent Resident (receipt of green card). Am I right?

 

I wouldn't even ask, but she has two separate friends who also did the fiancee visa and are now citizens, but they both say that their Three Years started from the time they got married to a US Citizen and have been living in the US. In other words, they only waiting three years from the wedding, not three years from becoming a green card holder.

 

I keep looking for information that confirms this, but I only see confirmation of my view. Who is right?

 

My wife is looking at me like I'm an idiot -- she believes her friends.

 

TIA

Follow the rules on the USCIS website and not her friends 🙂 give her the link as well.

[Catsmeat 0]

15 hours ago, gregcrs2 said:

Are these her Slavic girlfriends telling her this?  

You know it

Which makes it tough because they that they did it in a shorter time (somehow). Two are separately telling the same story, which makes it difficult for me to get through. 

 

 

16 hours ago, aaron2020 said:

You are correct.  Her friends are wrong.

 

To qualify under the 3 years rule, your wife must meet all three main conditions.

 

1.  Have a green card for 3 years.

2.  Be married to a US citizen for 3 years.

3.  Live with that US citizen spouse for 3 years.  

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

Thanks, and thanks to all who have confirmed this info as well. I really appreciate all of you.

 

She still doesn't believe me, but I think a little doubt is starting to creep in. Now she wants to ask an immigration lawyer. 🤷‍♂️😂

[nastra30 2,295]

Op, also note that she'll still have to file to remove conditions on her green card before filing for naturalization.

 

[Ksenia_O 696]

4 hours ago, Catsmeat said:

You know it

Which makes it tough because they that they did it in a shorter time (somehow). Two are separately telling the same story, which makes it difficult for me to get through. 

 

 

 

Thanks, and thanks to all who have confirmed this info as well. I really appreciate all of you.

 

She still doesn't believe me, but I think a little doubt is starting to creep in. Now she wants to ask an immigration lawyer. 🤷‍♂️😂

Well, my friend (from Ukraine as well) and her daughter arrived on K-1/K-2 visas in 2012. Both - US citizens since 2016 or 2017.  So, they went through entire process and you'd think  they should've known how it works... Wrong! 

 

I entered the US on my K-1 in 2014. We  thought the friend would be so much help to us, but every time we asked something - an answer was incorrect or some kind of nonsense.

My friend's husband did all paperwork for all of them, so he - does know, but ladies - still no clue, even after going through entire process and getting nationalized. Probably, that's the case with your wife's friends.

 

[gregcrs2 1,778]

4 minutes ago, Ksenia_O said:

Well, my friend (from Ukraine as well) and her daughter arrived on K-1/K-2 visas in 2012. Both - US citizens since 2016 or 2017.  So, they went through entire process and you'd think  they should've known how it works... Wrong! 

 

I entered the US on my K-1 in 2014. We  thought the friend would be so much help to us, but every time we asked something - an answer was incorrect or some kind of nonsense.

My friend's husband did all paperwork for all of them, so he - does know, but ladies - still no clue, even after going through entire process and getting nationalized. Probably, that's the case with your wife's friends.

 

That's life with Slavic friends here!

[Ksenia_O 696]

5 hours ago, Catsmeat said:

 

 

She still doesn't believe me, but I think a little doubt is starting to creep in. Now she wants to ask an immigration lawyer. 🤷‍♂️😂

To read N-400 Instruction is so much cheaper!

[Ksenia_O 696]

Just now, gregcrs2 said:

That's life with Slavic friends here!

Tell me  

Although I miss my country a lot, but I kinda like we don't have many 'of "us" in the area I live  My that friend  - she does, so here is the result

[SalishSea 17,969]

5 hours ago, Catsmeat said:

She still doesn't believe me, but I think a little doubt is starting to creep in. Now she wants to ask an immigration lawyer.

Expensive idea for obtaining the same information, from the source, for FREE.

[Catsmeat 0]

49 minutes ago, Ksenia_O said:

Well, my friend (from Ukraine as well) and her daughter arrived on K-1/K-2 visas in 2012. Both - US citizens since 2016 or 2017.  So, they went through entire process and you'd think  they should've known how it works... Wrong! 

 

I entered the US on my K-1 in 2014. We  thought the friend would be so much help to us, but every time we asked something - an answer was incorrect or some kind of nonsense.

My friend's husband did all paperwork for all of them, so he - does know, but ladies - still no clue, even after going through entire process and getting nationalized. Probably, that's the case with your wife's friends.

 

That's hilarious and true. Thank  you for the confirmation 

 

44 minutes ago, Ksenia_O said:

To read N-400 Instruction is so much cheaper!

That's what I'm saying! She would say, "скупой платит дважды". 

 

But, but, but... yes, dear ))