Filing eligibility question

[Pascal07 0]

I apologize if this has been asked before, I couldn't find it in earlier posts.

I am married to a US citizen, my conditions have been removed, and I have my 10-year card.

My 3-year "card anniversary" is June 30th. Do I have to wait until June 30th to apply for Naturalization, or can I apply 90 days before (March 30th)?

Thanks for the advice - I read the N-400 instructions but I'm still confused...

[YuAndDan 153]

Within 90 days before.

[lucyrich 20]

See the M-476 for more detailed instructions. Especially see the box at the bottom of page 22

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.

So assuming you've been married to and living with your US Citizen spouse for at least three full years, and assuming you meet all the other requirements, then it's 90 days before the three year anniversary of getting the first Green Card.

[warlord 73]

Make sure you count back 90 days and not 3 months. So you might want to double check Mar 30th as the exact 90 days before. Also it's always a good idea to apply about 83 or so days just incase there's any mix up. There are many people who filed exactly 90 days have have had their N-400 returned, so they then had to re-send it back in wasting several weeks...

[miri 0]

I've found this helpful when calculating when the 90 day mark is - http://www.timeanddate.com/date/dateadd.html (I've usually erred on 89 or 88 days though, just to be on the safe side)

[dallaschic 0]

Can you apply for citizenship after the 90 day mark if you are still married and have your 10 year card? Or can it only be during the 90 day period?

[Marilyn. 340]

Can you apply for citizenship after the 90 day mark if you are still married and have your 10 year card? Or can it only be during the 90 day period?

you can apply for citizenship anytime during and after the 90 day mark... you could apply 3 years later if you wanted to...

[ayS 0]

im a bit confused myself. my wife got here about 3 years now. and she was just given a 10 year green card. within the last year. when can we apply for citizenship for her?

[Marilyn. 340]

you can apply 3 years after getting your green card, conditional or not...

[Kez/JWolf 6]

Look at the Greencard... it has "Resident Since" that is the date you calculate from.. so mine says Resident Since Nov 11 2005 so I can file for Citizenship 90 days before Nov 11 2008 so around Aug 12th 2008 I can file the N-400

Kez

[Pascal07 0]

Thanks everyone for your answers. Why can't they make it this clear on the USCIS web site?

[ayS 0]

you can apply 3 years after getting your green card, conditional or not...

3 years after the second green card am i correct? thanks!

[Marilyn. 340]

you can apply 3 years after getting your green card, conditional or not...

3 years after the second green card am i correct? thanks!

no, 3 years after becoming a permanent resident... you are a permanent resident whether or not you have the 2 year conditional card (1st card) or the 10 year card (2nd card)...

[lucyrich 20]

you can apply 3 years after getting your green card, conditional or not...

3 years after the second green card am i correct? thanks!

You could wait that long if you wanted, but you don't have to.

Three years after the first one, assuming you've continuously remained an LPR the entire time.

The thing to remember is, for purposes of citizenship eligibility, like for virtually all other purposes, an LPR with conditions is treated exactly the same as an LPR with no conditions. They're both LPRs.

So if you got a conditional GC in Jan of 2005, filed for removal of conditions in Nov of 2006, had the I-751 approved and got the 10 year card in May of 2007, you'd be eligible for citizenship in Jan of 2008, three years after gaining LPR status. You could file the paperwork 90 days earlier than that, assuming you met all the other requirements.

[ayS 0]

you can apply 3 years after getting your green card, conditional or not...

3 years after the second green card am i correct? thanks!

no, 3 years after becoming a permanent resident... you are a permanent resident whether or not you have the 2 year conditional card (1st card) or the 10 year card (2nd card)...

okay let me get this right. (sorry if this is not registering for me). We just got her adjustment of status. she's been here roughtly 3 years already. We can already apply for naturalization? am i understanding this correct?