Conditional Removal and Citizenship

[Jmaster911 0]

Q1: My visa has been issued with conditions as my wife and I haven’t been married for two years. The documentation says that we can apply to have the conditions removed within 90 days after two years of the visa being activated. So my question is, can we do it earlier, i.e. straight after our 2nd wedding anniversary or do we have to wait for the two years to elapse from the visa being activated?

Q2: How long from entering the US can I apply for Citizenship?

I know I'm looking WAY into the future but it would be good to know....thanks

[Kez/JWolf 6]

You can not file to remove the conditions of your greencard until 90 days before the 2nd anniversary of the date you activated your visa.... there should be a expiry date on your greencard so just count 90 days back from that date and that is the start of your 90 day window... you can file to remove the conditions at any time durring that 90 days...

You can file for Citizenship once you have held your greencard for 3 years.... and again you can file 90 days before the actual date as long as all the requirments are met..

Kez

[dcl766 0]

You can not file to remove the conditions of your greencard until 90 days before the 2nd anniversary of the date you activated your visa.... there should be a expiry date on your greencard so just count 90 days back from that date and that is the start of your 90 day window... you can file to remove the conditions at any time durring that 90 days...

You can file for Citizenship once you have held your greencard for 3 years.... and again you can file 90 days before the actual date as long as all the requirments are met..

Kez

I know the OP used the term "activated visa", but isn't the correct term "original greencard date"? I mean, to remove conditions you have to wait until 90 days prior to the 2 year anniversary of the conditional green card expiring. Or I am just plain wrong since they filed the I-130 (instead of the I-129F) and the visa turns into the green card automatically.

Edited December 22, 2007 by dcl766

[lucyrich 20]

As others have said, the earliest you can file for removal of conditions is 90 days prior to the expiration date printed on your green card. The date of your wedding anniversary has nothing to do with immigration now.

As for filing for citizenship, see the box at the bottom of page 22 of the M-476.

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

I don't know enough about your living arrangements to say when you'll be eligible, but I'll note that it's not uncommon for folks who come on a CR-1 visa to start living together on the date LPR status starts. You must have been married and living together for three full years before you can send the paperwork in.

[lucyrich 20]

I know the OP used the term "activated visa", but isn't the correct term "original greencard date"?

For the CR-1, the date of visa activation is the date LPR status begins, or if you prefer, it's the "original greencard date". They're all the same. Entering on an immigrant visa gets you green card status immediately, with no adjustment of status.

[Mr. Big Dog 10,747]

I know the OP used the term "activated visa", but isn't the correct term "original greencard date"?

It's the same if the OP arrived on a CR-1 visa.