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starky Sep 22nd 2009 5:55 pm

Employment based green card then married a USC, eligibility for citizenship when?
 
I am posting this question for one of my friends at work. He is the basic scenario:

He obtained an employment based Green card 2 and a half years ago. Then a year and a half later he married a USC. What are his requirements now for citizenship?

Ordinarily he would theoretically be eligible to apply for citizenship within 90 days of completing 5 years of legal permanent residency.
How does his marriage to USC affect this time line? (remember his green card is employment based not marriage based, he just happened to get married to a USC after he obtained his green card through work)

does he have to be married for a minimum of 3 years to his USC + be a LPR for all of that time to be eligible?

Or now that he has his green card nearly three years and is married to a USC even though just for one year does that make him eligible for citizenship, if you get me?

meauxna Sep 22nd 2009 6:11 pm

Re: Employment based green card then married a USC, eligibility for citizenship when
 

Originally Posted by starky (Post 7954605)
I am posting this question for one of my friends at work. He is the basic scenario:

He obtained an employment based Green card 2 and a half years ago. Then a year and a half later he married a USC. What are his requirements now for citizenship?

Ordinarily he would theoretically be eligible to apply for citizenship within 90 days of completing 5 years of legal permanent residency.
How does his marriage to USC affect this time line? (remember his green card is employment based not marriage based, he just happened to get married to a USC after he obtained his green card through work)

does he have to be married for a minimum of 3 years to his USC + be a LPR for all of that time to be eligible?

Or now that he has his green card nearly three years and is married to a USC even though just for one year does that make him eligible for citizenship, if you get me?


Naturalization: Waivers, Exceptions, and Special Cases


Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

* the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
o the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
o the applicant meets all other naturalization requirements.

henryh Sep 22nd 2009 6:11 pm

Re: Employment based green card then married a USC, eligibility for citizenship when
 
It has to be 3 years of {married to USC while being LPR}. So in this case, just 3 years of marriage, as long as he keeps his green card. He can file N400 90 days in advance of meeting that requirement, though he cannot take the citizenship oath before the full 3 years.

It looks like here that will only save him 6 months off the 5 year standalone eligibility, but that's better than nothing and it doesn't cost anything extra.

Folinskyinla Sep 22nd 2009 6:16 pm

Re: Employment based green card then married a USC, eligibility for citizenship when
 

Originally Posted by henryh (Post 7954639)
It has to be 3 years of {married to USC while being LPR}. So in this case, just 3 years of marriage, as long as he keeps his green card. He can file N400 90 days in advance of meeting that requirement, though he cannot take the citizenship oath before the full 3 years.

It looks like here that will only save him 6 months off the 5 year standalone eligibility, but that's better than nothing and it doesn't cost anything extra.

Hi:

I think this is correct. However, I would be nervous about the 90 day early thing in this particular situation -- only because CIS has some weird ideas in unusual situations.

starky Sep 22nd 2009 6:19 pm

Re: Employment based green card then married a USC, eligibility for citizenship when
 

Originally Posted by henryh (Post 7954639)
It looks like here that will only save him 6 months off the 5 year standalone eligibility, but that's better than nothing and it doesn't cost anything extra.

Thats kind of what I though, but I was not sure. Thanks for the feedback I will let him know.


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