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  • Marriage question

    I got married last month. My wife is a USC (became 2 months ago). I also received my Green card (not related to marriage) 2 weeks ago. I was wondering if I could file for citizenship earlier on basis of my marriage to a USC. I was told that one has to be a citizen for 3 years before he or she can sponsor. Since I have my green card I was hoping to file for citizenship after 3 years of marriage.
    Can anyone explain what the law is? Again I understand that I can file for citizenship after 3 years as long as I remain married.

    Thanks,

    Copper

  • #2
    I got married last month. My wife is a USC (became 2 months ago). I also received my Green card (not related to marriage) 2 weeks ago. I was wondering if I could file for citizenship earlier on basis of my marriage to a USC. I was told that one has to be a citizen for 3 years before he or she can sponsor. Since I have my green card I was hoping to file for citizenship after 3 years of marriage.
    Can anyone explain what the law is? Again I understand that I can file for citizenship after 3 years as long as I remain married.

    Thanks,

    Copper

    Comment


    • #3
      I m not a lawyer but if u havent received green card through ur marriage then u will have to wait 4 yrs and 9 months from the issue date on ur current green card before u file for citizenship...good luck...Pasha

      Comment


      • #4
        No one is required to sponsor. The N400 form asks the applicant to check:
        "I have been a Lawful Permanent Resident of the United States for at least 3 years, AND B.I have been married to and living with the same U.S. citizen for the last 3 years, AND my spouse has been a U.S. citizen for the last 3 years."
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          my question is also for about marriage for a friend. She is a US citizen who is dating an man that came to the US with a visit visa from Mexico. He began to work illegally, and has been doing so here for 3 years. His visit visa expired 3 years ago, so he now works here illegally, and lives here illegally. They want to legalize his status, how would they do that? Could marriage be a sollution, how would that work?

          Comment


          • #6
            A period of overstay and unauthorized work is overlooked during AOS, if the alien is married to a US citizen, as long as the alien was inspected and admitted or paroled. In this case you say that her boyfriend entered on a visitor's visa.

            The problem arises when an alien enters the country illegally, because then the alien is barred from adjusting status to LPR even if he or she marries a US citizen or otherwise becomes an immediate relative.
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              Thanks Pasha and sappyconifer. I have to agree with sappyconifer. After I posted this question I downloaded the N400 form and realized that I can file in 3 years after marriage. Its fairly straightforward. besides my GC is backdated 1 year so it wont make much of a difference, Actually 9 months difference.

              Thanks,
              Copper

              Comment

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