If I have been a legal permanent resident for the past 2 years and my wife just became a US citizen, can I apply for citizenship in 1 year even though my green card is not marriage-based?

Or will I have to wait to complete my 5 years requirement before I can apply?

Asked on November 16, 2014 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you would have to be married to the US citizen spouse for 3 years before you can apply on that basis.  By the time your wife will have been a US citizen for 3 years, you would be eligible to apply for naturalization under the 5 years rule anyway so you are not gaining anything that way.

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