Am I Already Eligible for Citizenship ???

[bhikubhai]

So here is the deal. I have an employment based green-card for 4 years (will complete 5 years this Dec). My wife got her citizenship 2 years and 9 months ago (she completes 3 years this June). She had an employment based green-card prior to that.

Does that mean I am already eligible to apply for citizenship ? Please keep in mind that I didn't get my green-card through marriage but through my employer.

Any info on my situation would be much appreciated.

[immihelp]

If you:


Are currently married to and living with a U.S. citizen
AND

Have been married to and living with that same U.S. citizen for the past 3 years
AND
Your spouse has been a U.S. citizen for the past 3 years

You can apply for US citizenship.

[bhikubhai]

Based on what you are saying it looks like I can apply only after my wife completes 3 years of citizenship (which will be in June). Or can I apply 90 days before that i.e. in April ?

I was under the impression that you are allowed to apply 90 days before your eligibility.

Please advice.

[txh1b]

I think you can apply 90 days before the completion if you have met the continuous residency requirements.

But what is the hurry? Just wait for 90 days to avoid unnecessary rejections and RFEs.

Good Luck!

[PraetorianXI]

Wait wait wait.

He has an EMPLOYMENT based GC... his marriage to his USC wife does him no good in when he can apply for citizenship.

[bhikubhai]

DANG !!!??!? That is why I asked the question in the first place. So you are saying that since my GC is employment based the fact that my wife is a citizen for the past 2 years and 9 months has no relevance ? And that I will have to wait for the full 4 years and 9 months before I am eligible to apply for citizenship ?

I'm totally confused !!?!?!

[PraetorianXI]

Yes, that is what i am saying. You will have to wait until you have been a resident for 5 years (sans 90 days) to apply for citizenship.