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Recieved permanent residence through parents but now married to US citizen

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  • Recieved permanent residence through parents but now married to US citizen

    My brother received his permanent residence when he was 18 through parents but now is married to a US citizen. Does the 5 year rule apply or does the three year rule apply since he is now married? Or does the 3 year rule to become a citizen apply if the permanent residency was through marriage?
    My timeline below. Category:C9.

    10/9 package sent
    10/11 package Recieved/ priority date
    10/17 Bio Fees accepted (notice from the App) checks were cashed
    10/22 received notices in the mail.
    11/01 Bio appt schedule notice received. 11/14
    11/9 I-693 Courtesy Letter received
    11/14 Bio Appt completed at the La Brea Los Angeles Office
    11/29 Fingerprints review was completed
    3/4 EAD card being produced
    3/9 EAD Card Recieved
    3/11 case is ready to be scheduled for interview

  • #2
    The 3 year rule does not apply to him because he did not receive the green card through marriage.

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    • #3
      Originally posted by DreamBig13 View Post
      My brother received his permanent residence when he was 18 through parents but now is married to a US citizen. Does the 5 year rule apply or does the three year rule apply since he is now married? Or does the 3 year rule to become a citizen apply if the permanent residency was through marriage?
      Both rules can apply if the conditions are met. One can naturalize under the 5-year rule if one has been a permanent resident for 5 years. One can naturalize under the 3-year rule if one has been a permanent resident for 3 years, and one has been married to a US citizen for 3 years (i.e. married to the same person for the last 3 years, and that person has been a US citizen for at least 3 years). You have not provided enough information to tell which rule(s) he may be eligible to naturalize under now. If he just married a US citizen, who was a US citizen when they married, then he needs to wait until he has been married for 3 years before he is eligible to naturalize under the 3-year rule. If he gets to his 5 years of permanent residency before that, then he will be eligible under the 5-year rule faster, so he would apply to naturalize under the 5-year rule. Only if he married the US citizen before he has been a permanent resident for 2 years would he possibly qualify under the 3-year rule faster.

      Originally posted by Paulthesheik View Post
      The 3 year rule does not apply to him because he did not receive the green card through marriage.
      Not true. Eligibility for the 3-year rule does not depend on what category one immigrated through.

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

      Comment

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