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Quarknase

N-400 3 year rule after petitioner naturalizes

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Filed: F-2A Visa Country: Iraq
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Hello,

I was wondering if the 3 year rule applies to applicants that immigrated while the petitioner spouse was an LPR and naturalized shortly after the immigrant entered the country?

Will the immigrant be eligible to apply under 3 year rule counting from the day the petitioner naturalizes?

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7 minutes ago, Quarknase said:

Hello,

I was wondering if the 3 year rule applies to applicants that immigrated while the petitioner spouse was an LPR and naturalized shortly after the immigrant entered the country?

Will the immigrant be eligible to apply under 3 year rule counting from the day the petitioner naturalizes?

Immigrants are only eligible for naturalization either 3 or 5 years from the day THEY were approved as a permanent resident. If it worked like that, then immigrants married to native-born US citizens would arguably be eligible for citizenship immediately.

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Filed: F-2A Visa Country: Iraq
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2 minutes ago, mushroomspore said:

Immigrants are only eligible for naturalization either 3 or 5 years from the day THEY were approved as a permanent resident. If it worked like that, then immigrants married to native-born US citizens would arguably be eligible for citizenship immediately.

Thank you for clarifying! I was trying to get the answer here: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

but found this part very unclear:

"- Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;

- Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;"

 

which sounds like you can apply after 3.5 years if you have been living with U.S. Citizen spouse for three years at that time (e.g. spouse naturalized 6 months after entry)

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11 minutes ago, Quarknase said:

Thank you for clarifying! I was trying to get the answer here: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

but found this part very unclear:

"- Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;

- Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;"

 

which sounds like you can apply after 3.5 years if you have been living with U.S. Citizen spouse for three years at that time (e.g. spouse naturalized 6 months after entry)

Yes, you must meet those two requirements if you want to apply under the 3-year rule. What exactly is unclear? 

Edited by mushroomspore
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Filed: F-2A Visa Country: Iraq
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4 minutes ago, mushroomspore said:

Yes, you must meet those two requirements if you want to apply under the 3-year rule. What exactly is unclear? 

The choice of words in the bullets, which I bolded. You can meet all the requirements listed even if you enter as F2A, if your petitioner naturalizes 2 months after your arrival you can apply after 3 years and 2 months.

Do you have any source that states that USC status of petitioner for eligibility is determined at POE?

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9 minutes ago, Quarknase said:

The choice of words in the bullets, which I bolded. You can meet all the requirements listed even if you enter as F2A, if your petitioner naturalizes 2 months after your arrival you can apply after 3 years and 2 months.

Do you have any source that states that USC status of petitioner for eligibility is determined at POE?

Oh I see. I don't know much about F2A visas except that it is a category of visas for immediate relatives. But I do know for certain that to be eligible under the 3-year rule, you must meet those two requirements. I'm not sure where you are getting this idea about USC eligibility for the petitioner at POE. CBP has nothing to do with the citizenship process. 

 

If your spouse is approved as a permanent resident on January 2022 and you become a citizen in June 2022, your spouse is not eligible under the 3 year rule until 90 days before June 2025. Had you already been a citizen, your spouse would be eligible for citizenship 90 days before January 2025. 

Edited by mushroomspore
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Filed: F-2A Visa Country: Iraq
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6 minutes ago, mushroomspore said:

I'm not sure where you are getting this idea about USC eligibility for the petitioner at POE. CBP has nothing to do with the citizenship process. 

This was my response to your comment that they become eligible under 3 year rule or 5 year rule based on the date when they become a permanent resident. Which for spouses being interviewed at a consulate abroad is POE. My question was if petitioner has to be USC at the time when beneficiary becomes an LPR, to qualify under 3 year rule.

 

8 minutes ago, mushroomspore said:

If your spouse is approved as a permanent resident on January 2022 and you become a citizen in June 2022, your spouse is not eligible under the 3 year rule until 90 days before June 2025. Had you already been a citizen, your spouse would be eligible for citizenship 90 days before January 2025. 

Yes, this is what I was asking for in my first post:

47 minutes ago, Quarknase said:

Will the immigrant be eligible to apply under 3 year rule counting from the day the petitioner naturalizes?

So I guess long story short is yes, they can :) 

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1 minute ago, Quarknase said:

This was my response to your comment that they become eligible under 3 year rule or 5 year rule based on the date when they become a permanent resident. Which for spouses being interviewed at a consulate abroad is POE. My question was if petitioner has to be USC at the time when beneficiary becomes an LPR, to qualify under 3 year rule.

 

Yes, this is what I was asking for in my first post:

So I guess long story short is yes, they can :) 

Gotcha. Hope the rest of your process goes smoothly. I just got approved for ROC this week so I hope that means the agencies are moving things along after the horrible COVID related backlog. Good luck with N400 too (I'm applying in the summer).

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Filed: F-2A Visa Country: Iraq
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44 minutes ago, mushroomspore said:

Gotcha. Hope the rest of your process goes smoothly. I just got approved for ROC this week so I hope that means the agencies are moving things along after the horrible COVID related backlog. Good luck with N400 too (I'm applying in the summer).

Thank you - good luck for your process too! And congrats on ROC approval 👏🏽

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14 hours ago, Quarknase said:

Hello,

I was wondering if the 3 year rule applies to applicants that immigrated while the petitioner spouse was an LPR and naturalized shortly after the immigrant entered the country?

Will the immigrant be eligible to apply under 3 year rule counting from the day the petitioner naturalizes?

The way that the 3 year rule works is 3 years from whichever is last of the following:

1. You became an LPR (resident since date)

2. Date of marriage

3. Date of when spouse became a US Citizen

 

In vast majority of cases point 1 is the last one. In this particular case point 3 would be the last one. Point 2 would be the last one if for example you got the green card via work and shortly thereafter married a USC.

Edited by Demise

Contradictions without citations only make you look dumb.

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Filed: F-2A Visa Country: Iraq
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6 hours ago, Demise said:

The way that the 3 year rule works is 3 years from whichever is last of the following:

1. You became an LPR (resident since date)

2. Date of marriage

3. Date of when spouse became a US Citizen

 

In vast majority of cases point 1 is the last one. In this particular case point 3 would be the last one. Point 2 would be the last one if for example you got the green card via work and shortly thereafter married a USC.

Awesome - thanks for confirming!

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8 hours ago, Demise said:

The way that the 3 year rule works is 3 years from whichever is last of the following:

1. You became an LPR (resident since date)

2. Date of marriage

3. Date of when spouse became a US Citizen

Yup, that is correct.

 

Just a note about the 90 day early filing period for the few cases that had fast DCF, then 2 dates matter:

"we had to hold off on filing for the N-400 because, though our 90-day window had opened, we had not been married 3 years yet. We filed N-400 the day after our wedding anniversary.

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