N-400 based on marraige GC Question
Mar 17th 2004, 5:39 am
#1
Forum Regular
Thread Starter
Joined: Nov 2003
Location: Akron, oh
Posts: 94
N-400 based on marraige GC Question
Hi
When can a person apply for Citizenship in case he/she got his/her green card from based on marraige and they are still married?
Confusion is:
Is it 3 years from marriage date?
Is it 3 years from the day spouse became US Citizen?
Is it 3 years from alien-spouse was granted conditional residence?
Is it 3 years from alien-spouse was granted permenant Residence?
Consider following case:
02/1/2003 Guy is PR who has applied for Citizenship
03/1/2003 This guy Marries alien-spouse
01/1/2004 Guy with PR gets his citizenship certificate
01/1/2004 alien-spouse applies for AOS based on I-130
10/1/2004 alien-spouse Gets conditional residence
02/1/2005 applies for removal of conditions
03/1/2005 Gets 10 year Green Card
NOw tell me when can this GC person apply for Naturalization? Assumption they are married through out life.
As I read N-400 application guidlines, the spouse should be US citizen for 3 year at the date of filing and person should have GC(does not state for how long). Correct me if i am wrong somewhere?
Just trying to understand something.
Regards
Dhabud
When can a person apply for Citizenship in case he/she got his/her green card from based on marraige and they are still married?
Confusion is:
Is it 3 years from marriage date?
Is it 3 years from the day spouse became US Citizen?
Is it 3 years from alien-spouse was granted conditional residence?
Is it 3 years from alien-spouse was granted permenant Residence?
Consider following case:
02/1/2003 Guy is PR who has applied for Citizenship
03/1/2003 This guy Marries alien-spouse
01/1/2004 Guy with PR gets his citizenship certificate
01/1/2004 alien-spouse applies for AOS based on I-130
10/1/2004 alien-spouse Gets conditional residence
02/1/2005 applies for removal of conditions
03/1/2005 Gets 10 year Green Card
NOw tell me when can this GC person apply for Naturalization? Assumption they are married through out life.
As I read N-400 application guidlines, the spouse should be US citizen for 3 year at the date of filing and person should have GC(does not state for how long). Correct me if i am wrong somewhere?
Just trying to understand something.
Regards
Dhabud
Mar 17th 2004, 6:01 am
#2
Forum Regular
Joined: May 2003
Posts: 207
Re: N-400 based on marraige GC Question
He He He.
I had similar thoughts.
INA Sec 319 [8 U.S.C. 1430] clears up the confusion
I had similar thoughts.
INA Sec 319 [8 U.S.C. 1430] clears up the confusion
Sec. 319. [8 U.S.C. 1430]
(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
