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Ale Luna

Green card by work but I get married later

By Ale Luna in US Citizenship General Discussion

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Ale Luna Newbie

Ale Luna   0

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Hi, I got my Legal permanent Resident Card by work 3 years ago and got married to an American citizen living in Netherlands 3  months ago. We got married in the USA. Can I apply now for citizenship even if I didn’t get my green card through my marriage and have not been married for three years? 

doggieandsam Proficient

doggieandsam   765

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Filed: Citizen (apr) Country: United Arab Emirates
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10 minutes ago, Allaboutwaiting said:

To be eligible, you must have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application.

 

So, no, you cannot apply for naturalization now. 

I think you misunderstood her question a bit. It reads to me as she already has a green card obtained through her employer prior to meeting (and then marrying) a US citizen. OP, can you please clarify or confirm?

The more important question for you OP is, are you still living in the US ie maintaining your residency? Yes, you can apply for citizenship on your own after being a legal permanent resident for 5 years. 

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Allaboutwaiting Experienced

Allaboutwaiting   2,503

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1 minute ago, doggieandsam said:

I think you misunderstood her question a bit. It reads to me as she already has a green card obtained through her employer prior to meeting (and then marrying) a US citizen. OP, can you please clarify or confirm?

The more important question for you OP is, are you still living in the US ie maintaining your residency? Yes, you can apply for citizenship on your own after being a legal permanent resident for 5 years. 

She married 3 months ago, so she cannot apply for citizenship now. 

As you just said, she can apply once she's been an LPR for 5 years, demonstrating continuous residence. 

mushroomspore Proficient

mushroomspore   3,044

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Filed: Citizen (apr) Timeline
Posted
49 minutes ago, Ale Luna said:

Hi, I got my Legal permanent Resident Card by work 3 years ago and got married to an American citizen living in Netherlands 3  months ago. We got married in the USA. Can I apply now for citizenship even if I didn’t get my green card through my marriage and have not been married for three years? 

The three-year rule doesn't apply to you because you have only been married to the US citizen for three months. The rule says you must have been living in marital union with your US citizen spouse for at least three years before applying. 99.9% of the time, the only people who apply under the three-year rule are those who obtained their green card through marriage to a US citizen and have stayed married to that same citizen until naturalization. There is no point for you to try this method because you've been a LPR for three years already. You might as well apply under the 5-year rule in 2 years rather than waiting another 3 years to apply under the 3-year rule. The 5-year rule has less paperwork for you to do anyways.

 

The real issue is your residency requirements IF you are currently outside of the USA and have been for some time. Are you currently in the USA or living in the Netherlands with your spouse?

Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
20 hours ago, Ale Luna said:

Hi, I got my Legal permanent Resident Card by work 3 years ago and got married to an American citizen living in Netherlands 3  months ago. We got married in the USA. Can I apply now for citizenship even if I didn’t get my green card through my marriage and have not been married for three years? 

The requirements for the 3 year rule are:

- Having a green card for 3 years

- Being married to a USC for 3 years (who has been a USC for 3 years)

- Living in marital union with the USC

 

You cannot apply now and have to wait until you're eligible under 5 years

 
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