Can I apply for citizenship?

[sweet2kittens]

I married my husband 3 years ago. My husband was born in the US. However, I had the green card for almost 3 and half years, which means I obtained my green card before I married my husband. Am I qualify to apply the citizenship now? Thank you.

[PraetorianXI]

No. You have to wait until you have been a resident for 4 years and 9 months. Since you did not obtain the green card through your spouse.

[schollon]

Reading the reply to this post, it would appear that the critical issue is obtaining the green card through marriage to a citizen. In that case, is the 3 year period only the first three years or a three year timeframe during the marriage?
We're getting from USCIS that after the intial 3 year period, the 5 year rule applies regardless of the marriage being involved in gaining residency.

Would this be correct?

[PraetorianXI]

The rule is as follows:

IF you obtain your residency through MARRIAGE to an US Citizen. And you are STILL married to the SAME US Citizen, then:

Once you have been a resident for 3 years (minus 90 days), you can apply for citizenship.

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You do not count how long you have been married, you count how long you have been a resident. But, if you obtained the GC through that marriage, then the time you have been married will be more than the time you will be a resident... so, you count 2 years and 9 months (roughly) since you became a resident... which are also the amount of time (and more) that you have been married.