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  • Citizenship

    I got my GC on Pol asylum base but now i am married to us citizen,how long i have to wait before i can apply for the citizenship

  • #2
    I got my GC on Pol asylum base but now i am married to us citizen,how long i have to wait before i can apply for the citizenship

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    • #3
      In my opinion 4 years and 9 month after you became an LPR.
      Correct me if I'm wrong.

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      • #4
        Thats correct.You did not get LPR through USC hence you cannot take advantage of the 2 yr and 9 month period.

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        • #5
          You can file to naturalize under INA 319. The requirements- be married to a USC for three years AND be an LPR for three years. (You get to file 90 days in advance of meeting the requirement, i.e. 2 yr 9 mo.) You also have to maintain a valid marital relationship through the naturalization process (which, depending on your area, may take a few years.)

          Since the regular requirement for naturalization is five years as an LPR, it is not practical to file under 319 if you have had LPR status for two years before your marriage. 2 years as an LPR before marriage + (3 years of marriage AND 3 years as an LPR) = 5 years as an LPR.

          And for anyone in a rocky relationship, it is not advisable to file under 319. By the time your case is denied (when the marriage goes belly anytime up before your oath of citizenship) you would have been eligible under the five year plan. You have to file a new application. The three year application does not carry over to a five year application.

          Do the math, weigh the risks. If you just got your green card yesterday and she is a nice girl, file after three years of marriage & LPR status. If you've had your card for sometime or she is shifty, wait for the five years as an LPR.

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