From when do we measure that three year time span before applying for citizenship?

[Johnny Spangle 0]

Sorry if this question has been asked many times before, but I've scanned information on this site and the web and I cannot find a commonly occurring answer. My question is about from when we measure the three years that must elapse before applying for US citizenship.

First some background. My wife is a US citizen and we have been very happily married for 4 years (our fourth anniversary is this weekend!). I was granted Conditional Permanent Resident status (the 2 year kind) in November 2006, and actual Permanent Resident status (the 10 year kind) in November 2008.

I have read in many places that one can apply for citizenship after three years as a lawful permanent resident, if married to a US citizen. However, do I measure that three years from when I was granted Conditional Permanent Residency (Nov 2006) or when I was granted Permanent Residency (Nov 2008)?

My confusion rests on the usual absence of the word "conditional" from the term "lawful permanent resident" when the three year period is stated.

Thanks in advance.

Edited April 8, 2009 by Johnny Spangle

[Dakine 26]

90 days before 3 years of the issueing date on the first GC you were given.

[TayRivers 4]

Sorry if this question has been asked many times before, but I've scanned information on this site and the web and I cannot find a commonly occurring answer. My question is about from when we measure the three years that must elapse before applying for US citizenship.

First some background. My wife is a US citizen and we have been very happily married for 4 years (our fourth anniversary is this weekend!). I was granted Conditional Permanent Resident status (the 2 year kind) in November 2006, and actual Permanent Resident status (the 10 year kind) in November 2008.

I have read in many places that one can apply for citizenship after three years as a lawful permanent resident, if married to a US citizen. However, do I measure that three years from when I was granted Conditional Permanent Residency (Nov 2006) or when I was granted Permanent Residency (Nov 2008)?

My confusion rests on the usual absence of the word "conditional" from the term "lawful permanent resident" when the three year period is stated.

Thanks in advance.

You can file for Citizenship 90 days before the 3rd anniversary of your LPR status. So for you that would be 90 days before the date in Nov 2009.

Look at your Greencard and you will see a line that says "Resident from --/--/----" add 3 years to that date and then subtract 90 days.

Here is a link to a date calculator that is good for working out the 90 days date. http://www.timeanddate.com/date/dateadd.html

Hope this helps

[jasminelily 1]

Sorry if this question has been asked many times before, but I've scanned information on this site and the web and I cannot find a commonly occurring answer. My question is about from when we measure the three years that must elapse before applying for US citizenship.

First some background. My wife is a US citizen and we have been very happily married for 4 years (our fourth anniversary is this weekend!). I was granted Conditional Permanent Resident status (the 2 year kind) in November 2006, and actual Permanent Resident status (the 10 year kind) in November 2008.

I have read in many places that one can apply for citizenship after three years as a lawful permanent resident, if married to a US citizen. However, do I measure that three years from when I was granted Conditional Permanent Residency (Nov 2006) or when I was granted Permanent Residency (Nov 2008)?

My confusion rests on the usual absence of the word "conditional" from the term "lawful permanent resident" when the three year period is stated.

Thanks in advance.

You can file for Citizenship 90 days before the 3rd anniversary of your LPR status. So for you that would be 90 days before the date in Nov 2009.

Look at your Greencard and you will see a line that says "Resident from --/--/----" add 3 years to that date and then subtract 90 days.

Here is a link to a date calculator that is good for working out the 90 days date. http://www.timeanddate.com/date/dateadd.html

Hope this helps

Agree with TayRivers. Good advice and useful website.

[NickD 202]

Sorry if this question has been asked many times before, but I've scanned information on this site and the web and I cannot find a commonly occurring answer. My question is about from when we measure the three years that must elapse before applying for US citizenship.

First some background. My wife is a US citizen and we have been very happily married for 4 years (our fourth anniversary is this weekend!). I was granted Conditional Permanent Resident status (the 2 year kind) in November 2006, and actual Permanent Resident status (the 10 year kind) in November 2008.

I have read in many places that one can apply for citizenship after three years as a lawful permanent resident, if married to a US citizen. However, do I measure that three years from when I was granted Conditional Permanent Residency (Nov 2006) or when I was granted Permanent Residency (Nov 2008)?

My confusion rests on the usual absence of the word "conditional" from the term "lawful permanent resident" when the three year period is stated.

Thanks in advance.

You can file for Citizenship 90 days before the 3rd anniversary of your LPR status. So for you that would be 90 days before the date in Nov 2009.

Look at your Greencard and you will see a line that says "Resident from --/--/----" add 3 years to that date and then subtract 90 days.

Here is a link to a date calculator that is good for working out the 90 days date. http://www.timeanddate.com/date/dateadd.html

Hope this helps

Agree with TayRivers. Good advice and useful website.

Be nice if the webmasters would post:

www.uscis.gov/files/article/M-476.pdf

In big letters in the headlines of this section. It's all in that book.

[lucyrich 20]

See INA 216(e). (e) Treatment of Period for Purposes of Naturalization.-For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.

In other words, a conditional green card is just as good as any other green card for the purpose of accumulating time for naturalization.

But the "three year" requirement is really three separate requirements:

1. Three years of holding a green card (may file 90 days before this one is met)

2. Three years married to and living with your US Citizen spouse (no 90 day shortcut available for this)

3. Three years of US Citizenship for the US Citizen spouse (no 90 day shortcut).

The one that determines when you can file is whichever one ends up being the last one to be fulfilled. For most people on this board, it'll be the "three years less 90 days holding a green card", but for some, such as CR-1 entrants who only began living together on the day they got the green card, it would be the "three full years living together" requirement. Theoretically, it could be the "three years of US Citizenship for the spouse", if you got a green card through some other means, and married a green card holder who naturalized a little while after your marriage.

[Johnny Spangle 0]

Thanks all, so I'm good to apply August of this year (I'll determine exact day). That's what I needed to know.

I disagree that the answer is in the M-476.pdf .. NickD, try searching on the term 'Conditional' and you will not find a single mention. What you find in that PDF, as you do in almost all other references, is the term 'Permanent Resident'. As you know, one only assumes the status 'Permanent Resident' once the 'Conditional' modifier has been removed after two years of residency. So it was not clear, at least to me, that when talking about citizenship application, the term 'Permanent Resident' and 'Conditional Permanent Resident' are considered the same thing. I do think this would be a helpful clarification on VisaJourney. The clarification is made only once by the poster 'kvngwynth' on this thread http://www.visajourney.com/forums/index.php?showtopic=311, and that's it.

These things do trip you up if you're not a pro. For instance, when I scanned all your replies, the term 'GS' and 'LPR' (the L bit means what?) don't mean anything to me. Plain simple English really helps a slowpoke like me!

Edited April 8, 2009 by Johnny Spangle

[jasminelily 1]

I think none of us is a pro before we started dealing with INS - USCIS. Anyone can recall how many times they've change their name over the years and the exact name that they changed into? We became pro after coming to this website and other sites on the Internet to read, ask, research, etc. Glad I found this site about three months ago, too bad I didn't find this site two years ago when I first started, but still glad that it wasn't that bumpy. Good Luck to everyone!

[NickD 202]

Thanks all, so I'm good to apply August of this year (I'll determine exact day). That's what I needed to know.

I disagree that the answer is in the M-476.pdf .. NickD, try searching on the term 'Conditional' and you will not find a single mention. What you find in that PDF, as you do in almost all other references, is the term 'Permanent Resident'. As you know, one only assumes the status 'Permanent Resident' once the 'Conditional' modifier has been removed after two years of residency. So it was not clear, at least to me, that when talking about citizenship application, the term 'Permanent Resident' and 'Conditional Permanent Resident' are considered the same thing. I do think this would be a helpful clarification on VisaJourney. The clarification is made only once by the poster 'kvngwynth' on this thread http://www.visajourney.com/forums/index.php?showtopic=311, and that's it.

These things do trip you up if you're not a pro. For instance, when I scanned all your replies, the term 'GS' and 'LPR' (the L bit means what?) don't mean anything to me. Plain simple English really helps a slowpoke like me!

It's been over a year since I have read and studied it, but believe they use the term, lawful permanent resident. Book didn't say anything about having a valid green card either, ours like others were expired, but what made my a wife a LPR was her one year extension notice. You will also find several questions in the N-400 form that are guaranteed to twist your brain. I was not on this board nor never heard about while studying for the N-400, but did have a list of questions I hit my attorney with.

Here is one hint, look at the date your green card was issued plus three years, counting that day, count backwards exactly 90 days that is the date you put on your application and mail it. All other references are made to that signed date. Between the day you send in your application and the day of your interview, you will have to account for those days in between, like marriage status, living with your spouse, trips outside of the USA greater than 24 hours. And as Lucyrich stated, the green card date is only one of the three conditions you must meet if filing under the marriage privilage.

The main issue at your interview is proving you met those other conditions, but with pieces of paper, sometimes felt it would be worth to wait the extra two years.

With any other USCIS form, they can keep your fee and reject your form if not filled out correctly, it is rather one sided especially with the inconsistency of the language used. Conditional versus LPR is only one of them.