Clarification on requirements for naturalization

[Kevin&Jessica 3]

I was granted a visa waiver when I first entered the United States in April of '04. I got married before it expired, then divorced, and in '07 got married again. I have always heard that after 5 years you are eligible to naturalize automatically. But after reading the post regarding general info on naturalization it looks like that is only possible if I was originally granted permanent residence status when I came to America from England. Is that true or is there an exception I am not seeing? Do you have to be a permanent resident AND lived in the US consecutively for 5 years, or one or the other? I've often heard that people who come over from Mexico or come over on visas that eventually expire are still able to naturalize, I just didn't know if the 5 year thing applied or if there was another way they had to go through it.

[lucyrich 20]

You first need to have been granted permanent resident status (Green Card). You can't apply directly for citizenship without first going through a period of continuous permanent residence. Ordinarily, it's five years of living in the US after having received the Green Card, but only three years if married to and living with a US Citizen the whole time. There are a few other exceptions for things like military service.

It's not clear to me what your status is now. It sounds like you came over on the visa waiver, got married, divorced, and married again, but did you apply for adjustment of status or anything like that based on your marriage(s)? Or did you just let your visa waiver status expire without filing any additional paperwork? Do you currently hold a Green Card?

If you originally came in legally, and if you're currently married to a US Citizen, but don't have a Green Card, there's a reasonable chance you can adjust status now and get a Green Card. And after holding the Green Card for three years, you can probably apply for citizenship. But you haven't given enough info for me to be confident about that. If I've guessed right about your status, you may want to consult with an attorney to be sure your adjustment of status can be successful.

[kim&james 0]

You first need to have been granted permanent resident status (Green Card). You can't apply directly for citizenship without first going through a period of continuous permanent residence. Ordinarily, it's five years of living in the US after having received the Green Card, but only three years if married to and living with a US Citizen the whole time. There are a few other exceptions for things like military service.

It's not clear to me what your status is now. It sounds like you came over on the visa waiver, got married, divorced, and married again, but did you apply for adjustment of status or anything like that based on your marriage(s)? Or did you just let your visa waiver status expire without filing any additional paperwork? Do you currently hold a Green Card?

If you originally came in legally, and if you're currently married to a US Citizen, but don't have a Green Card, there's a reasonable chance you can adjust status now and get a Green Card. And after holding the Green Card for three years, you can probably apply for citizenship. But you haven't given enough info for me to be confident about that. If I've guessed right about your status, you may want to consult with an attorney to be sure your adjustment of status can be successful.

What status are you now? Do you have a greencard?

Presently, from what you have written without us knowing your current legal status, you have overstayed your VWP. There can be ramifications to this if you leave the country.

You may be able to adjust your status and become a legal permanent resident based on your now marriage, then after 3 years apply for citizenship but a consult with an attorney will better clear up any questions regarding your specific case.

[Kevin&Jessica 3]

We have been married for less than a year now, but it has been almost 4 years since I entered the country originally. On the adjustment of status forms the only thing it asks for that I don't have is a K-1 or K-2 visa from my passport. Since I didn't come over on this visa and married after I entered the country, am I not eligible now? I have contacted a lawyer but just wondered if anyone here knows if there is a way to bypass this or if I need to file a K-1 or K-2 after the fact and send it with my AOS forms?

[lucyrich 20]

We have been married for less than a year now, but it has been almost 4 years since I entered the country originally. On the adjustment of status forms the only thing it asks for that I don't have is a K-1 or K-2 visa from my passport. Since I didn't come over on this visa and married after I entered the country, am I not eligible now? I have contacted a lawyer but just wondered if anyone here knows if there is a way to bypass this or if I need to file a K-1 or K-2 after the fact and send it with my AOS forms?

In order to adjust status, you need proof of your initial legal entry. That doesn't necessarily have to be a K-1 or K-3 visa. An I-94 would probably work.

At this point, you're not eligible for a K-1 visa, because you're married. And while a K-3 visa is available to married people, you can't get a K-3 visa unless you leave the US, because visas are only given to people outside the US. You'd have to go abroad to a US consulate in a foreign country to get a visa.

But it sounds like you've been out of status for awhile, which means that if you leave the US, you'd be subject to a 10 year bar on admissibility starting from the day you leave the country. Do NOT leave the country without first understanding the legal ramifications!

Probably the best bet is to file for adjustment of status and send proof of your initial legal entry along with your adjustment of status application. But definitely contact that attorney and discuss your options before sending anything off.

[kim&james 0]

In your passport should be your I-94 (white card stapled on entry) which proves that you entered the country legally.

What you should start to look at is the guides for AOS and filing AOS from other visa types at the top of the page, under "guides".

Have a consult with an attorney but Pretty much I think that you will find if you file I-485, I-130, I-765. Along with supporting documentation ie the I864 etc, that you should be right. Overstay is generally forgiven when married to a US citizen. Since this is your second marriage I dont know how this will affect your case, hence the consult with the atttorney. Do not bother with the advance parole document as you will not be leaving the country before you have a greencard. Or should you do so you will be subject to the 10 yr ban.

As long as your entry was legal, and under a visa (of sorts vwp K1/3 work etc) that is eligible to adjust status, then you should be good to go.

Im not sure what you want to by-pass but if it is applying for a K3, then you dont even need to think aobut that since you are already in the US.

Pop over to the Adjustment of status forum. Have a read of a few pages there for a bit of info and the guides at the top of the page so you get the idea of where and what you need to do, before you see your attorney. Information is always a good thing.

[Kevin&Jessica 3]

just an update on this alot has happened but finally in 2009 i got to file and on may 26th 2010 i got approved to stay

[justashooter 430]

just an update on this alot has happened but finally in 2009 i got to file and on may 26th 2010 i got approved to stay

you will not be eligeable for naturalisation until 3 years after your green card was issued (june 2013), and must be in USA more than 50% of that 3 year period, assuming that you are still married to the same person at that time. not sure, but your card should be a 10 year card (expiration). if it is a 2 year card, you will have to convert it before it expires.

[Kevin&Jessica 3]

you will not be eligeable for naturalisation until 3 years after your green card was issued (june 2013), and must be in USA more than 50% of that 3 year period, assuming that you are still married to the same person at that time. not sure, but your card should be a 10 year card (expiration). if it is a 2 year card, you will have to convert it before it expires.

yes i am on my 2yr greencard and yes this one is working well both me and her have been threw alot

moved in together right away alot of adjustments (argued alot lol)

got married .. had our baby (who had a stroke 48hrs after birth) she is doing well now and is showing no signs on any issues.

during the time i was unable to work wife spent money on credit and due to her pregnancy she had to stop work and so was my income only and i was not earning alot she is now filling bankruptcy.

we r in love and very happy so yes we r gathering our evidence daily for the 2yr mark to get my 10yr greencard.. we have not decided if i will or will not apply to become a citizen