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.
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Can I apply for citizenship?
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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.Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Can I apply for citizenship?
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?
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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.Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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