2 Questions

[dcl766 0]

Hi all-

Just wanted to check and see:

1. Does Marina have to wait until she is a permanent resident and married 3 years before she applies for citizenship? She received her green card 10/25/05 and we were married 11/20/04 and she has not been out of the country except for short visits in Moldova.

Is there a 90 day rule for citizenship too where she can apply during that window prior to he 3 year green card anniversary?

2. If Marina does get her citizenship prior to our daughter (K-2) turning 18 does that mean that Carina can skip applying for citizenship (she is currently a conditional green card holder and living here), as she will automatically become a citizen due to the Child Citizenship Act when her mother becomes a citizen?

Thanks for any input!

Dave

[YuAndDan 153]

1. Need to be have LPR status for 3 years, have accumulated more than 18 months residence in the USA with no periods out of country for more than 6 months. to apply for citizenship if married to a US Citizen, or 5 years if not married to a US Citizen, accumulated time.

Length of marriage is not factored into this, length of permanent residency is what is considered for naturalization.

You can file the N-400 within 90 days before the 3yr LPR anniversary.

2. Yes, but you will need to file an N-600 for the citizenship document.

[payxibka 10,045]

I beg to differ as length of marriage to utilize the 3 year option is definetly considered.

Who May File This Form N-400?

1. A Lawful Permanent Resident for at least five years and at least 18 years old;

OR

2. A Lawful Permanent Resident for at least three years and at least 18 years old, AND

You have been married to and living with the same U.S.citizen for the last three years, AND

Your spouse has been a U.S. citizen for the last three years.

Edited October 11, 2007 by fwaguy

[lucyrich 20]

There are two relevant questions: When can she send in the paperwork, and when can she become a citizen.

She can become a citizen after ALL THREE of the following have been true continuously for a full three years: She's been a LPR (conditional or not, doesn't matter), she's been married to and living with you, and you've been a USC. There are other requirements, but these are the big time-constrained ones.

She can send in her paperwork up to 90 days before she meets "three years as a LPR" requirement, but only if, on the day she sends in her paperwork, she already meets the "three years married to and living with a USC" requirement. See the box on the bottom of page 22 of the M-476.

Length of marriage is not factored into this, length of permanent residency is what is considered for naturalization

No, length of marriage most definitely IS factored into it. Again, see the box at the bottom of page 22 of the M-476. It's true that for many people who get their green cards based on marriage (including the OP's case, according to the dates listed), the length of marriage requirement will be met before the length of residency requirement will be met, so the length of LPR status ends up being the critical one that holds everything up. But, for example, in our case, it's the "three years of living together" that's holding things up. That's because, being a CR-1 case, we only started living together on the day she got LPR status.

If a couple got married after the alien got (perhaps work-based) LPR status, then the alien would have to wait until after the third anniversary of marriage to file for citizenship. Or perhaps the alien might meet the five year LPR requirement first, in which case he/she could file without considering the marriage at all.

2. If Marina does get her citizenship prior to our daughter (K-2) turning 18 does that mean that Carina can skip applying for citizenship (she is currently a conditional green card holder and living here), as she will automatically become a citizen due to the Child Citizenship Act when her mother becomes a citizen?

Yep, assuming she's living with her mother and her mother has custody. She can apply for a passport straight away, or if she chooses, she can apply for a certificate of citizenship.

[dcl766 0]

Thank you for your responses!

I think Marina meets all requirements to apply late July 2008 then:

1. Has been living in the US continuously (no trips out of the country over 2 weeks) since 09/17/2004;

2. Has been married to me (USC since birth) since 11/20/2004;

3. Has been a permanent resident since 10/25/2005.

Does this sound right?

My hope then is that if Marina (mom) can get citizenship before Carina (K-2 daughter) turns 18 on 7/14/2009, then the CCA will enable us to skip applying for Citizenship through USCIS step for Carina and instead, like you stated, apply for a passport and/or certificate of citizenship.

Carina has also been living here with Mom and me since 09/17/2004.

The only thing that concerned me when reading the info on the CCA was that it seemed to set up more for adoptions from overseas as opposed to our situation. Almost like they have to be living overseas and then come here to qualify as "automatic citizens".

What do you think?

Thanks again, Dave