Moi

Hi there,

In brief, I got my green card through my employer in June 2001. I married a US
citizen in February. The marriage ceremony and certificate were done in Toronto,
Ontario, Canada.

I now understand that when married to a US citizen, I can qualify for citizenship
after only three years. My green card is through work not through marriage.

Does this still apply to me or do I have to take steps to change the preference of my
green card to qualify?

I appreciate your help. I can also answer any questions about the green card process
on the East coast through work.

amrat

With reference to your Green Card throug Employment. I myself am trying to find an employer who is willing to offer me a Green Card through employment. Any resources that you know of would be of great assistance.

Onigiri

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Yes; you are eligible to file N-400 for your US citizenship during the 90 days prior
to your 3rd wedding anniversary or anytime after that. The condition is that you are
a greencard holder and married to a USC for the same 3 year period and still married
to the same USC at the time of filing N-400. You need not have got your PR through
the marriage to a USC.
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NO need to do anything.

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card
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Moi

All I can tell you is that it was a long a arduous process. The entire process
basically depends on what skills you have versus what skills are needed by the market
in the area you want to work. This gets you through the Labor Certification (LC)
process which took the most time. Once you have been certified, the most significant
thing becomes the backlog at the INS office responsible for your area. My green card
took over 5 years to process and I am a professional with an advanced degree.

The blessing is that with a recent ruling, the INS does not confine you to work with
your filing employer after you have gotten your LC. They recognize that the process
is very long and you don't want to be a prisoner with your employer. Previously, you
had to stay in your current position with your filing employer until the I485 is
approved and you have that stamp in your passport. Now, you can change employers, but
must remain in the same job function; officially.

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Moi

I really appreciate your replies. Thanks.

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[usenetquote2]> > Hi there,[/usenetquote2]
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[usenetquote2]> > I now understand that when married to a US citizen, I can qualify for citizenship[/usenetquote2]
[usenetquote2]> > after only three years. My green card is through work not through marriage.[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Does this still apply to me or do I have to take steps to change the preference[/usenetquote2]
[usenetquote2]> > of my green card to qualify?[/usenetquote2]
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[usenetquote2]> > I appreciate your help. I can also answer any questions about the green[/usenetquote2]
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[usenetquote2]> > process on the East coast through work.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

Liwen Liang

Actually the law is confusing here.

This is what happened to me - very similar to you, but in different order.

I got my GC from my employer in early 97 (got stamped on my passport in 1/15/97. and
received my GC in late April, 97 with the GC issued date 1/17/97.)

I then married my USC husband in 9/20/97.

I thought I could apply for the citizenship within 90 days upon our 3 year
anniversary 9/20/2000

I did apply in late july 2000, application date 7/28/2000, the check was cashed in
early auguest 2000 (in NYC), and finger print in early Sept. 2000.

Finally, I got an appointment for interview scheduled 5/11/2001. Went to INS office
in NYC, passed the interview, waiting for the actul naturalization ceremony.

However, in july, 2001, I got an letter from INS saying that my case is denied
because my application date (1/20/2001) was not after our 3 year anniversary.

Clearly it was a mistake, because my application date was 7/28/2001, and it was
confirmed and calculated at my interview by the INS staff to make sure I applied
within 90 days.

So I wrote a nice letter with the canceled check to prove that my application date
was 7/28/2001.

Got another letter 2 weeks later still denying my case, saying that it is not 3
years. I could pay $170 to appeal.

I called the lawyer who helped me got my GC (through employment) asking why, and if
we should spend the $170. He gave me the answer that I would be denied anyway, but
INS denied me for the wrong reason - I had to wait for 4 years and 90 days before
applying becasue my GC is not marriage-based, but employment based.

If I got GC through marriage, then I have to wait 3 years, not 3 years minus 90 days.

His suggestion was for me to wait until 10/17/2001 to re-apply, which I did.

I have posted my experiences in this newsgroup, hoping no one would make the same
mistake like me.

As for the lesson I have learned -

Not everyone in INS clearly understand the law, since different people interprete it
differently (the one interviewed me had no problem letting me pass, and she
calculated the date to make sure I didn't apply it too early.)

I would say it will depends on your luck, maybe if it was a different director (who
sent me the letter denying my application), I might have got the citizenship the
first time. But no one can be sure, right?

BTW, I am not trying to start another debate as it happened before for every post I
did in this newsgroup, regarding if you can apply 90 days before the 3 year
anniversary. I am only stating the fact - which is I got denied the application for
the reason that it has to be 3 years.

There were people pointing to me which page in INS instructions saying this 90 days
stuff. Trust me, I completely believed it, otherwise, I wouldn't apply it the first
time, and I have no interest interpreting it the other way, but there is the fact
that I was denied.

"Moi" <[email protected]>
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[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Hi there,[/usenetquote2]
    >
[usenetquote2]> > > I now understand that when married to a US citizen, I can qualify for[/usenetquote2]
[usenetquote2]> > > citizenship after only three years. My green card is through work not through[/usenetquote2]
[usenetquote2]> > > marriage.[/usenetquote2]
[usenetquote2]> > Yes; you are eligible to file N-400 for your US citizenship during the 90 days[/usenetquote2]
[usenetquote2]> > prior to your 3rd wedding anniversary or anytime after that. The condition is[/usenetquote2]
[usenetquote2]> > that you are a greencard holder and married to a USC for the same 3 year period[/usenetquote2]
[usenetquote2]> > and still married to the same USC at the time of filing N-400. You need not have[/usenetquote2]
[usenetquote2]> > got your PR through the marriage to a USC.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Does this still apply to me or do I have to take steps to change the preference[/usenetquote2]
[usenetquote2]> > > of my green card to qualify?[/usenetquote2]
[usenetquote2]> > NO need to do anything.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I appreciate your help. I can also answer any questions about the green[/usenetquote2]
    >
[usenetquote2]> > > process on the East coast through work.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]