When can I apply for citizenship?

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When can I apply for citizenship?

I came to US on K3 ( spouse visa) 3 years ago. We didn’t apply for green card because visa was valid for 2 years. After being married for 2 years we applied for permanent green card and I got it a year ago. So overall I’ve been married to US citizen for 4 years, lived in US for 3 years and have had my permanent green card for a year.Can I apply for citizenship now?

Asked on March 28, 2012 under Immigration Law, Colorado

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

No you may not. You must hold your Alien Registration Card/Residency for 3 years. Despite your timing in the US and marriage, you must count the 3 years from the date of your green card. Thus, you have about 2 more years.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

NO.  It does not matter how long you have been in the US or how long you have been married really.  YOu have to have been a PERMANENT RESIDENT for a requisite period of time in order to qualify for citizenship.  If you are married to a US citizen, you have to have been a permanent resident for 3 years before being eligible to apply for US citizenship.  It looks like you have only been a permanent resident for 1 year so you need to wait another 2 years and, as long as you are still married to the US citizen spouse at that time, you will be eligible to apply for US citizenship at that time.


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