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Filed: K-1 Visa Country: Mexico
Timeline
Posted

 

My wife and I married about 5 months before she got her green card. 

 

The Visa Journey site says that she is eligible to apply for citizenship on or after our 3-year anniversary (November of this year):

 

Quote

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years

 

But the USCIS web site seems to imply that the 3-years is after the original green card issue date (April of next year):

 

Quote

Generally, to qualify for naturalization based on marriage to a U.S. citizen, you must have been a lawful permanent
resident for at least 3 years.

 

So which date is it? 

 

Also - the info about applying 90 days early is a little scarce.  Can we apply 90 days before whichever date (Nov or April)? 

 

Thanks for the help!

Aaron and Cintya.

Posted
12 minutes ago, Aaron101 said:

 

My wife and I married about 5 months before she got her green card. 

 

The Visa Journey site says that she is eligible to apply for citizenship on or after our 3-year anniversary (November of this year):

 

 

But the USCIS web site seems to imply that the 3-years is after the original green card issue date (April of next year):

 

 

So which date is it? 

 

Also - the info about applying 90 days early is a little scarce.  Can we apply 90 days before whichever date (Nov or April)? 

 

Thanks for the help!

Aaron and Cintya.

 

It's both. You need 3 years of being a LPR, and 3 years of marriage. So in your case, it would be April of next year, and yes, she can apply 90 days before that. https://www.uscis.gov/forms/uscis-early-filing-calculator

Posted
20 hours ago, Aaron101 said:

 

My wife and I married about 5 months before she got her green card. 

 

The Visa Journey site says that she is eligible to apply for citizenship on or after our 3-year anniversary (November of this year):

 

 

But the USCIS web site seems to imply that the 3-years is after the original green card issue date (April of next year):

 

 

So which date is it? 

 

Also - the info about applying 90 days early is a little scarce.  Can we apply 90 days before whichever date (Nov or April)? 

 

Thanks for the help!

Aaron and Cintya.

In your case - resident since date on the green card.

 

There's three requirements and it's basically whichever was last + 3 years:

1. Need to be married to a US Citizen (USC) for at least 3 years.

2. Need to be a permanent resident (LPR) for at least 3 years.

3. The US Citizen spouse must've been a US citizen for at least 3 years.

 

For example if an LPR marries a USC then the 3 years would count from the date of marriage.

If someone marries a USC and then gets their green card (by any means) - then it's 3 years from the resident since date.

If two LPRs were to marry and shortly thereafter one would naturalize then it'd be 3 years from the now USC's naturalization.

 

Contradictions without citations only make you look dumb.

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

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