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When do I file for naturalizing?

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  • When do I file for naturalizing?

    Hi
    I am a spouse of a US citizen.
    I am wondering when can I file for naturalizing? I read in some websites after 3 years of marriage, in others, they said after 3 years of receiving the green card?

    I got married in October 2016, does that mean I can file in 2019?

    OR

    I got my green card in January 2018, does that mean I file in 2021?

    THANKS

  • #2
    Originally posted by Linah View Post
    Hi
    I am a spouse of a US citizen.
    I am wondering when can I file for naturalizing? I read in some websites after 3 years of marriage, in others, they said after 3 years of receiving the green card?

    I got married in October 2016, does that mean I can file in 2019?

    OR

    I got my green card in January 2018, does that mean I file in 2021?

    THANKS
    If you have been a permanent resident for 5 years, you are eligible to naturalize; you can file 90 days before being a permanent resident for 5 years.

    If you have been a permanent resident for 3 years, and you have been married to a US citizen for 3 years (i.e. you have been married to the same person for the last 3 years, who has been a US citizen for at least 3 years), you are also eligible to naturalize; you can file 90 days before being a permanent resident for 3 years.

    Since you became a permanent resident more than 90 days after you married, assuming your spouse was a US citizen at least 90 days before you became a permanent resident, you would first qualify to apply for naturalization 90 days before you have been a permanent resident for 3 years. That would be around October 2020.

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

    Comment


    • #3
      Just a question

      Originally posted by newacct View Post
      If you have been a permanent resident for 5 years, you are eligible to naturalize; you can file 90 days before being a permanent resident for 5 years.

      If you have been a permanent resident for 3 years, and you have been married to a US citizen for 3 years (i.e. you have been married to the same person for the last 3 years, who has been a US citizen for at least 3 years), you are also eligible to naturalize; you can file 90 days before being a permanent resident for 3 years.

      Since you became a permanent resident more than 90 days after you married, assuming your spouse was a US citizen at least 90 days before you became a permanent resident, you would first qualify to apply for naturalization 90 days before you have been a permanent resident for 3 years. That would be around October 2020.


      Can you file for naturalization with your green card extension notice?

      Comment


      • #4
        Originally posted by 78texas View Post
        Can you file for naturalization with your green card extension notice?
        If you mean you have a pending Removal of Conditions (I-751), yes, you can apply for naturalization when your Removal of Conditions is pending, and, in fact, applying for naturalization will often help speed up your Removal of Conditions.

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

        Comment

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