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HELP I HAVE A HEARING IN THE AM I NEED ANSWER

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  • HELP I HAVE A HEARING IN THE AM I NEED ANSWER

    Does anyone know the regulation which states that to fast track citizenship via marriage to a USC you must be happily married not separated prior to mailing your application for citizenship at the 2 year 9 month period?

  • #2
    Does anyone know the regulation which states that to fast track citizenship via marriage to a USC you must be happily married not separated prior to mailing your application for citizenship at the 2 year 9 month period?

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    • #3
      Robin,

      I think the best way to apply for citizenship is to have your I-751 approved (or maybe you have it) and my understanding is to have 3 years or continous residency. Also yes, you are alowed to apply 3 months prior to the 3 years. Make sure you get a note of every single trip outside of USA more than 24 hours. Hope this helps.

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      • #4
        You do not need to be "happily married" and you can be seperated and still file for removal of conditions based on a current marriage before a divorce is final

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Robin Horton:
          Does anyone know the regulation which states that to fast track citizenship via marriage to a USC you must be happily married not separated prior to mailing your application for citizenship at the 2 year 9 month period? </div></BLOCKQUOTE>


          Hmmmm ... your natural born usc is showing guys.

          I think Robin is looking for more useful information like the M-476guide to naturalization.

          page 21
          If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you
          may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying
          based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you
          have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you
          have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.
          citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when
          you file your application with USCIS.


          Also check out pages 18 for moral character and what "MAY" happen if it can be proved that you lied on N-400.

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          • #6
            Here is the USCIS regs that is relative :

            §319.1 Persons living in marital union with United States citizen spouse.
            (a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

            (1) Has been lawfully admitted for permanent residence to the United States;

            (2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence;

            (3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;



            "Marital Union"

            (b) Marital union-(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

            (2) Loss of Marital Union-(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

            (ii) Separation-(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.

            (B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union.

            (C) Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

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