LPR based on marriage

[bxman 13]

Could someone tell me when the clock begins on legal permanent resident based on marriage?

Is it from the day we got married in April

or is it from receiving the 2yr conditional green card in Nov

Just asking because it's 7 months between the two dates

Would make a huge difference in fulfilling the 3 yrs married and residing permanent in America

To me at the point of marriage I would think that's when permanent resident would begin

In my tiny mind I think her fiancee visa no longer existed after marriage

BUT she was here legally because of our marriage in April even though USCIS did not issue documentation granting her conditional residence until November

But experience teaches me that I am wrong much more than I am right! lol

Don

[HK12 273]

LPR status begins with the date that is printed on her conditional Green Card.

[bxman 13]

I suspected as much

Thanks for bringing me back to reality! lol

Edited July 27, 2014 by bxman

[Ian H. 207]

LPR status officially begins when you adjust status or enter as an LPR with an immigrant visa. In your case you did the K1 process so the LPR period began when your AOS was approved, not when you received the physical green card. As for the 3 year requirement for naturalization, it has to be 3 years married living with your USC spouse, 3 years living as an LPR with your USC spouse, and 3 years that your USC spouse has actually been a USC. All 3 requirements have to be met together in any order, but they all have to be met when you apply for naturalization.

Also you remove conditions when the conditional card expires in the 90 day period before, not on your 2nd marriage anniversary.

[bxman 13]

What is the current approval time once you apply?

The above requirements will not be met until Nov 2016 :-(

[Boiler 44,962]

What is the current approval time once you apply?

The above requirements will not be met until Nov 2016 :-(

If you look on the Greencard it has the date, where I am seems to take about 6 months and has been like that for a long time. YMMV. So say 39 months after your GC date.

[Ian H. 207]

You can file the n 400 up to 90 days before you meet the requirements. Except for the one about the spouse being a USC for 3 years. You have to be a USC for 3 years when your wife files the petition. Assuming you were born a USC, you don't have to worry about that requirement and your wife can file for naturalization 90 days before meeting the LPR or marriage requirement.

[Harpa Timsah 13,258]

You can file the n 400 up to 90 days before you meet the requirements. Except for the one about the spouse being a USC for 3 years. You have to be a USC for 3 years when your wife files the petition. Assuming you were born a USC, you don't have to worry about that requirement and your wife can file for naturalization 90 days before meeting the LPR or marriage requirement.

No, this is, again, not correct.

A person must be married a full 3 years to a USC at the time of application to qualify for the 3 year rule. They cannot apply 90 days early on that, only early on the LPR requirement.

[Ian H. 207]

I should have worded it differently on the second post, I did specify on the first post that the requirements had to be met when filing. I also did tell him the requirements wouldn't have to be met because he would already have 3 years married when his wife filed for naturalization whether or not it was 90 days before, unless their AOS was approved in less than 90 days which I highly doubt.

No, this is, again, not correct.

A person must be married a full 3 years to a USC at the time of application to qualify for the 3 year rule. They cannot apply 90 days early on that, only early on the LPR requirement.

[bxman 13]

Thanks so much all

I am a US born citizen and am aware of the rule of being married for 3 years

I guess I was hoping to shave 7 months off the dreaded USCIS clock that never seems to go in my favor

Seems like they try so HARD to make this process as difficult as possible for those that go the legal route

So many fees so many biometrics and so many timelines to overcome

It amazes me when I see the news about people walking across the border being considered for citizenship while I must wait years and pay thousands

Sorry for venting

Don

[ryna 132]

I fully understand where you're coming from. My wife could be a USC already if USCIS hadn't decided to drag its feet throughout our entire process -- 6 months for K-1 approval and 10 months for AOS. I've seen some people who filed their K-1s 3-4 months after hers have already taken their oath. Oh well, we have to play by their rules. My wife can finally file her N-400 in September of this year (90 day LPR window) since we easily meet all of the other 3 year conditions (our marriage and my being a USC). I just want to be done with them which is saying something because I had never even heard of them before 2010.

Best of luck as you are coming up on the last step of your journey.

Thanks so much all

I am a US born citizen and am aware of the rule of being married for 3 years

I guess I was hoping to shave 7 months off the dreaded USCIS clock that never seems to go in my favor

Seems like they try so HARD to make this process as difficult as possible for those that go the legal route

So many fees so many biometrics and so many timelines to overcome

It amazes me when I see the news about people walking across the border being considered for citizenship while I must wait years and pay thousands

Sorry for venting

Don

[Ian H. 207]

I know exactly what you mean they do make the process really difficult, but for now we just have to put up with it, sigh. Also based on your timeline, the earliest your wife can apply for citizenship is at the end of August 2016. By that date you would be married for 3 years, you were born a USC so that's met already, and she would have 3 years minus 90 days as an LPR by that time. Just make sure you file exactly within the 90 period, use a calculator if you have to. I was reading up about this lady that submitted the n400 for her husband 3 days too soon and they denied the application after he had had the interview and everything. Good luck!

Thanks so much all

I am a US born citizen and am aware of the rule of being married for 3 years

I guess I was hoping to shave 7 months off the dreaded USCIS clock that never seems to go in my favor

Seems like they try so HARD to make this process as difficult as possible for those that go the legal route

So many fees so many biometrics and so many timelines to overcome

It amazes me when I see the news about people walking across the border being considered for citizenship while I must wait years and pay thousands

Sorry for venting

Don

[kitthekat 1,317]

No, this is, again, not correct.

A person must be married a full 3 years to a USC at the time of application to qualify for the 3 year rule. They cannot apply 90 days early on that, only early on the LPR requirement.