Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

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

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

Old Sep 22nd 2009, 5:55 pm
  #1  
Boston Sep 15th
Thread Starter
 
starky's Avatar
 
Joined: Jul 2008
Location: San Francisco, California
Posts: 191
starky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud of
Default 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?
starky is offline  
Old Sep 22nd 2009, 6:11 pm
  #2  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Employment based green card then married a USC, eligibility for citizenship when

Originally Posted by starky View Post
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.
meauxna is offline  
Old Sep 22nd 2009, 6:11 pm
  #3  
BE Enthusiast
 
Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
henryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond reputehenryh has a reputation beyond repute
Default 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.
henryh is offline  
Old Sep 22nd 2009, 6:16 pm
  #4  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Employment based green card then married a USC, eligibility for citizenship when

Originally Posted by henryh View Post
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.
Folinskyinla is offline  
Old Sep 22nd 2009, 6:19 pm
  #5  
Boston Sep 15th
Thread Starter
 
starky's Avatar
 
Joined: Jul 2008
Location: San Francisco, California
Posts: 191
starky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud ofstarky has much to be proud of
Default Re: Employment based green card then married a USC, eligibility for citizenship when

Originally Posted by henryh View Post
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.
starky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.