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  • Permanent resident marrying a Us citizen

    So I have been a permanent resident for 5 years now (parents petitioned me) and eligible for citizenship. However, my boyfriend (who is in the military) and I are planning on getting married soon. Is it better for me to apply for citizenship now or wait til after marriage? I believe it's three years til you can apply. I'm not sure how it works.

  • #2
    Originally posted by Rcielo00 View Post
    So I have been a permanent resident for 5 years now (parents petitioned me) and eligible for citizenship. However, my boyfriend (who is in the military) and I are planning on getting married soon. Is it better for me to apply for citizenship now or wait til after marriage? I believe it's three years til you can apply. I'm not sure how it works.
    What do you mean by 3 years til you can apply?

    Since you have been Legal Permanent Resident for 5 years, you can apply for naturalization (depending on whether you fulfill the requirement of being in the USA for majority of the time and other criteria). Marrying USC should not change that fact. So even after the marriage, you can still apply for naturalization based on your own LPR status.

    3 years is for LPR that is granted PR due to the marriage with a USC (or they marry USC after getting LPR so they can speed up the naturalization process where they can apply after 3 years instead of 5 years).

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    • #3
      There are multiple paths for naturalization. The 3-year rule is if you've been a permanent resident for 3 years and if you've been married to a US citizen for 3 years. The 5 year rule is if you've been a permanent resident for 5 years, period. Only if you married the US citizen less than 2 years into your permanent residency would the 3-year rule become available sooner than the 5-year rule. That's not your case, so the 3-year rule is irrelevant to you. You would never use the 3-year rule. (And even if both the 5-year rule and 3-year rule are available, you would always choose the 5-year rule.)

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        [QUOTE=Rcielo00;503054]So I have been a permanent resident for 5 years now (parents petitioned me) and eligible for citizenship. However, my boyfriend (who is in the military) and I are planning on getting married soon. Is it better for me to apply for citizenship now or wait til after marriage? I believe it's three years til you can apply. I'm not sure how it works.[/QUOTE

        I think you should apply now under 5 years rule since you are qualified. There are less things for them to prove so it's easier I think.

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