I've been here for exactly 3 years already as shown on my permanent resident card resident since 01/15/2016, which I think I am eligible already if I file based on marriage to a US Citizen. My question is when we got married and my husband petitioned me he was just a permanent resident here in the US. He was naturalized as a US Citizen a year ago. So, am I eligible to apply now? Your help is greatly appreciated. thanks in advance!
No. To use the 3-year rule, your spouse must have been a US citizen for 3 years.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
The naturalization 3-year rule requires the US citizen spouse to have been a US citizen for 3 years.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
One of the biggest misconceptions about immigration law (by the public), is that marriage to a U.S. citizen conveys some type of magical (either automatically/vicariously), U.S. Citizenship to them--or by filing the N-400. This is absolutely false. There is a (3) year period of continuous residence, and physical presence (with qualified exceptions) (and if not by marriage (5) year period for others, such as someone who is already an LPR (lawful permanent resident) before eligibility to apply for U.S. Citizenship. One can file 90 days in advance of the 3 year period. Some applicants will have had to file an I-751 after two years of marriage if they were initially only a conditional permanent resident (CPR) lifting the conditions and advancing to the LPR status first. If you read the current N-400 instructions, currently page 11, 7. A. 1, and 3, you will notice your spouse must be a USC for 3 years, and you must have 3 years in the marital union prior to eligibility to file for USC.
This answer is a general response providing information about the process. It should not and cannot be taken as specific legal advice to one's situation, because sufficient facts and documents are not part of this forum. This response is not intended to create an attorney-client relationship.
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