Naturalization Requirement Question

[fruto123 0]

Hi,

My wife came to US with K1. Now she has conditional GC. Once the condition is lifted after 2 years, she just needs to wait one more year to apply for naturalization? I don't know if the conditional GC counts toward these three years.

Here is the requirement from the US Naturalization Guide:

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

[Chica Yeyé 41]

Hi,

My wife came to US with K1. Now she has conditional GC. Once the condition is lifted after 2 years, she just needs to wait one more year to apply for naturalization? I don't know if the conditional GC counts toward these three years.

Here is the requirement from the US Naturalization Guide:

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

You are correct. As a spouse, the wait time is 3 years after becoming a permanent resident. She can apply for naturalization then, or wait until she decides to do it.

[YuAndDan 153]

It is 3 years from the date of the 2 year card's issue. An LPR is an LPR conditional or NOT.

[Chica Yeyé 41]

It is 3 years from the date of the 2 year card's issue. An LPR is an LPR conditional or NOT.

Anyone who enters on a K visa will be a conditional permanent resident.

Edited July 17, 2008 by Len_and_Bren

[rin and john 71]

It is 3 years from the date of the 2 year card's issue. An LPR is an LPR conditional or NOT.

Anyone who enters on a K visa will be a conditional permanent resident.

A true statement for K-1's and K-2's, not necessarily true for K-3's and K-4's. A K-3/K-4 can wait to file AOS until after being married two years - they would receive a 10 year GC and never have been "conditional". They would still have to have LPR status for three years before obtaining US citizenship.

[YuAndDan 153]

It is 3 years from the date of the 2 year card's issue. An LPR is an LPR conditional or NOT.

Anyone who enters on a K visa will be a conditional permanent resident.

Let me clearify this, the 3 year clock for residency married to a US citizen needed for nzturalization begins when a persom becomes a US resitent, that is when a person gets their first green-card which can be a 2 year card or a 10 year card whichever they get first.

K-3 can get a 10 year card if AOS is approved after 2nd wedding anniversary, or if people were married longer than 2 year before getting a visa either K-3 OR IR-1 visa.

[Chica Yeyé 41]

It is 3 years from the date of the 2 year card's issue. An LPR is an LPR conditional or NOT.

Anyone who enters on a K visa will be a conditional permanent resident.

Let me clearify this, the 3 year clock for residency married to a US citizen needed for nzturalization begins when a persom becomes a US resitent, that is when a person gets their first green-card which can be a 2 year card or a 10 year card whichever they get first.

K-3 can get a 10 year card if AOS is approved after 2nd wedding anniversary, or if people were married longer than 2 year before getting a visa either K-3 OR IR-1 visa.

True on the K-3! My apologies

The clock for naturalization is indeed 3 years after becoming a permanent resident, either CR or IR -- for spouses. All others is 5 years

[YuAndDan 153]

True on the K-3! My apologies

The clock for naturalization is indeed 3 years after becoming a permanent resident, either CR or IR -- for spouses. All others is 5 years

This is also true for K-1, I have read of cases where USCIS took so long to approve AOS (Well over 2 years) that by the time they do approve, the couple has been married more than two years and in this case they too will get 10 year card.

[lucyrich 20]

True on the K-3! My apologies

The clock for naturalization is indeed 3 years after becoming a permanent resident, either CR or IR -- for spouses. All others is 5 years

This is also true for K-1, I have read of cases where USCIS took so long to approve AOS (Well over 2 years) that by the time they do approve, the couple has been married more than two years and in this case they too will get 10 year card.

Maybe. There's conflicting language in the INA. INA 245(d) says "The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status". In other words, taken literally, this section says that a K-1 can only adjust to conditional permanent resident status, and then only as a result of a marriage to the petitioner. However, section 216 says that the conditional status only applies if the marriage is less than two years old at the time status is granted. At least some offices have interpreted the language in INA 245 literally, putting less weight on the language in 216, and said that regardless of the age of the marriage, an adjuster who came on a K-1 gets conditional status.

These days, I hope virtually all K-1 adjusters are getting adjudicated before the marriage is two years old, making the point moot.

[rin and john 71]

These days, I hope virtually all K-1 adjusters are getting adjudicated before the marriage is two years old, making the point moot.

It's not always the fault of USCIS. There have been several cases on VJ where an individual entered on a K-1, got married, and did not file AOS for 2 to 3 years. Would be interesting to know if they are granted 2 or 10 yr GCs.

[bora bora 1]

Yea!!! Hubby only has 2 1/2 years left!