How long to citizenship after K-1 marriage?

[akdiver 3]

But I'm a little bit confused here. I also had a K-1 visa and my Green Card (it's the first one) states that I'm resident since 07/15/07 and that the the card expires in 07/15/09. I'll have to send the papers to renew it about 90 days before the expiration date, right? So, when exactly I can apply for the citizenship? In 07/15/2010 ???

I dunno how you could possibly be confused about it, given all of the information people have posted here, PLUS the info from the instructions.

The foreigner is permitted to apply for citizenship after being married to the same u.s. citizen for 3 years AND after the citizen has been a permanent resident for 3 years minus 90 days - assuming that all other conditions are met (continuous residence, real relationship, etc.). If the resident since date on your PR card is MM/DD/YYYY then subtract 90 days, then add 3 years. That's the date when you can file the N400, assuming you have been married to the same u.s. citizen for 3 years on whatever date that turns out to be.

Edited September 26, 2008 by akdiver

[Priscila and Christopher 0]

But I'm a little bit confused here. I also had a K-1 visa and my Green Card (it's the first one) states that I'm resident since 07/15/07 and that the the card expires in 07/15/09. I'll have to send the papers to renew it about 90 days before the expiration date, right? So, when exactly I can apply for the citizenship? In 07/15/2010 ???

I dunno how you could possibly be confused about it, given all of the information people have posted here, PLUS the info from the instructions.

The foreigner is permitted to apply for citizenship after being married to the same u.s. citizen for 3 years AND after the citizen has been a permanent resident for 3 years minus 90 days - assuming that all other conditions are met (continuous residence, real relationship, etc.). If the resident since date on your PR card is MM/DD/YYYY then subtract 90 days, then add 3 years. That's the date when you can file the N400, assuming you have been married to the same u.s. citizen for 3 years on whatever date that turns out to be.

Thanks for the explanation, but if it was not a confusing subject, people wouldn't be posting a topic about it here. And we are here to learn.

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

But now, if I understood it right, seems like the renovation of the Green Card is done before we can file file for the citizenship.

[akdiver 3]

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

Expiration of your PR card has absolutely nothing to do with the requirements for the N-400 and citizenship. They are as independent of one another is ice cream and a rectal exam.

[NickD 203]

But I'm a little bit confused here. I also had a K-1 visa and my Green Card (it's the first one) states that I'm resident since 07/15/07 and that the the card expires in 07/15/09. I'll have to send the papers to renew it about 90 days before the expiration date, right? So, when exactly I can apply for the citizenship? In 07/15/2010 ???

I dunno how you could possibly be confused about it, given all of the information people have posted here, PLUS the info from the instructions.

The foreigner is permitted to apply for citizenship after being married to the same u.s. citizen for 3 years AND after the citizen has been a permanent resident for 3 years minus 90 days - assuming that all other conditions are met (continuous residence, real relationship, etc.). If the resident since date on your PR card is MM/DD/YYYY then subtract 90 days, then add 3 years. That's the date when you can file the N400, assuming you have been married to the same u.s. citizen for 3 years on whatever date that turns out to be.

Thanks for the explanation, but if it was not a confusing subject, people wouldn't be posting a topic about it here. And we are here to learn.

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

But now, if I understood it right, seems like the renovation of the Green Card is done before we can file file for the citizenship.

You better mark your calendar to make darn sure you apply for your ten year at 90 days before it expires, no sooner, can be a couple of days later. You need that new card to stay here illegally, and if you forget to file the I-751 and let your two year card expire, the USCIS can deport you. That should be foremost in your mind. And the USCIS does not remind you.

If you file 90 days before your conditional card expires, you would be a lawful permanent resident for 21 months approximately, give or take a couple of days. But you have to be a permanent resident for 33 months plus or minus a couple of days. 33 minus 21 is 12 months or a year longer wait to file for your N-400, does this make sense?

We filed March 29, 2007 for the I-751 and March 29, 2008 for the N-400, the earliest possible time exactly one year apart. As of March 29, 2008, we have not received the ten year card yet, matter of fact it came in about mid June of 2008, but was still a legal permanent resident with the one year extension. Wife only had her new green card a bit over two months, then they wanted it back in exchange for her US citizenship. Pretty expensive card.

[akdiver 3]

You need that new card to stay here illegally

You need a card to stay here illegally now???? When did that happen??

(:

[NickD 203]

You need that new card to stay here illegally

You need a card to stay here illegally now???? When did that happen??

(:

LOL, how about this for a reply, it's the newly issued USCIS RED card that says you are here ILLEGALLY, also comes with a social security card that says, you are not allowed to work, but must pay FICA taxes.

Could just admit, that I made a typing error, as that word, "illegally" has been used so frequently, anyone word even close to it, like "legally", automatically comes out of my fingers as "illegally". But to admit making an error would not be politically correct.

Okay, I admit to making a grave error, meant to type "You need that new card to stay here legally." As compensation to my grave error, just send me 700 billion bucks, and we will call it even.

[akdiver 3]

But to admit making an error would not be politically correct.

It also disqualifies you from being president (: Edited September 27, 2008 by akdiver

[TooBig 0]

That's what it appears to be .....but whom am I......... I thought as my post reads you could do both at the same time but as the time gets closer we will know for sure .........green card 90 days before it expires is a for sure .........

Maybe with the new Preseident he will just say "What the hell ..they have waited long enough"

[akdiver 3]

Maybe with the new Preseident he will just say "What the hell ..they have waited long enough"

Far more likely he will say, "we're giving citizenship to all the illegals. Processing for those who have followed the law will be delayed."

[Priscila and Christopher 0]

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

Expiration of your PR card has absolutely nothing to do with the requirements for the N-400 and citizenship. They are as independent of one another is ice cream and a rectal exam.

Oh, yeah! That was exactly what I wanted to clarify. Seems pretty clear to me, now.

Thanks, everyone!

[NickD 203]

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

Expiration of your PR card has absolutely nothing to do with the requirements for the N-400 and citizenship. They are as independent of one another is ice cream and a rectal exam.

Oh, yeah! That was exactly what I wanted to clarify. Seems pretty clear to me, now.

Thanks, everyone!

Can only wonder if the USCIS realizes that by giving you that one year extension and taking that long to issue you a new green card, you are effectively staying here for free for that one year. That is if you are planning on staying here as a permanent resident, in effect you are getting eleven years for the price of ten. This is costing them in fee collecting. Course if you are applying for US citizenship, have to toss your ten year card in the basket before the oath ceremony and fork out 675 bucks. But that ends the green card game, like carrying it with you wherever you go.

During the oath ceremony, and best to stick it out, you have nothing to prove that you are here legally until you get your certificate, and afterwards feel naked leaving your home without that green card.

That two year conditional card and three year as a PR forces you to apply for the I-751, one step would to make that a three year conditional card and give you a choice to either renew it or apply for US citizenship. But it's like they want you to feel strapped down not only carrying an expired green card, but that one year extension notice as well, and they also want you to sweat it out, in our case, for 14 months wondering if you will even get that ten year green card. One friend had a battle with the USCIS in that he didn't added his immigrant wife to his home deed, he had to bring in papers from his bank showing the only way they would do that is if we refinanced his home at a higher interest rate. He also brought in copies of state statues, showing that his wife would get half of everything anyway, after months of fooling around, the USCIS finally gave in. They can be pesty at times.

One thing we all have in common is wanting to get it over with as quick as possible, but not only have to wait for the minimum date that you can apply for the next stage, but months afterwards until they finally get around to you.

[AbeandDeb 0]

So after following this thread and discussing it with my husband, his 3 year completes in April 2009. If he applies then for citizenship, how long is the wait for him to become a citizen?

thanks in advance!

Deb

The process seem a little blurry to me because the expiration of the card is 2 years, while we can apply for the citizenship after 3 years.

Expiration of your PR card has absolutely nothing to do with the requirements for the N-400 and citizenship. They are as independent of one another is ice cream and a rectal exam.

Oh, yeah! That was exactly what I wanted to clarify. Seems pretty clear to me, now.

Thanks, everyone!

Can only wonder if the USCIS realizes that by giving you that one year extension and taking that long to issue you a new green card, you are effectively staying here for free for that one year. That is if you are planning on staying here as a permanent resident, in effect you are getting eleven years for the price of ten. This is costing them in fee collecting. Course if you are applying for US citizenship, have to toss your ten year card in the basket before the oath ceremony and fork out 675 bucks. But that ends the green card game, like carrying it with you wherever you go.

During the oath ceremony, and best to stick it out, you have nothing to prove that you are here legally until you get your certificate, and afterwards feel naked leaving your home without that green card.

That two year conditional card and three year as a PR forces you to apply for the I-751, one step would to make that a three year conditional card and give you a choice to either renew it or apply for US citizenship. But it's like they want you to feel strapped down not only carrying an expired green card, but that one year extension notice as well, and they also want you to sweat it out, in our case, for 14 months wondering if you will even get that ten year green card. One friend had a battle with the USCIS in that he didn't added his immigrant wife to his home deed, he had to bring in papers from his bank showing the only way they would do that is if we refinanced his home at a higher interest rate. He also brought in copies of state statues, showing that his wife would get half of everything anyway, after months of fooling around, the USCIS finally gave in. They can be pesty at times.

One thing we all have in common is wanting to get it over with as quick as possible, but not only have to wait for the minimum date that you can apply for the next stage, but months afterwards until they finally get around to you.

[akdiver 3]

So after following this thread and discussing it with my husband, his 3 year completes in April 2009. If he applies then for citizenship, how long is the wait for him to become a citizen?

However long it takes to complete his application. Processing time varies wildly. It could take months, it could take years, it could be rejected. You just never know.

[Cyclemad 0]

I have been reading through the forum a lot and seem to be getting rather confused. I do understand that these questions have probably been answered already on this forum, but can't make sense of all the answers I have found to date.

I am trying to plan my future and would appreciate it if anyone could help me find clarity..

I am a South African citizen engaged to a lady in America. I live in South Africa but am planning on moving to America to marry. I have 2 children here in South Africa, and they are young (10 and 6), so would like to be back to visit them once or twice a year, and probably for as much time as possible. My finance and I are thinking of getting married in April next year using the K1 visa. I know I'd then need to apply for permanent residence. I also know that in order to visit my children before my permanent status has gone through (which takes about 12 months I hear), I would need to get an Advanced Parole.

What I would like to know is.....

1) when can I apply for naturalization process? I am guessing I wait until I get my permanent residence before I apply.

2) How long before I become a citizen? I am confused between the 3 and 5 years. Using a K1 visa (fiance visa) it appears as though I would have to wait 5 years, while with a K3 (spouse visa) I would only have to wait 3 years. Am I correct? If so, would it be better for me to marry when my fiance comes out to South Africa during January-March next year and then for me to go to America on a K3 visa? I assume yes as, although it would take 1 extra month to get permanent residence, it would take 2 years less to become a citizen.

3) Once I have filed for permanent residence, how long can I be out of the country without having my application annulled? I ask because I would like to spend as much time with my children as possible. In South Africa there is no 3 month summer break, only shorter holidays, so no chance they can come to be for a long period of time, and the cost implication of two of them visiting the States is very different to one of me visiting them.

4) I read "Please note that an absence of more than 180 days from the U.S. will sever the 5-year continuous residence period requirement necessary for the naturalization process to become a citizen, even if a re-entry permit is obtained." My question is, is this 180 days for the whole 5 year period, or 180 days per year within the 5 year period?

That works out to 36 days a year over 5 years. If I could get the citizenship in 3 years, then it is 60 days in the year which would be better.

I would appreciate any help here as it will greatly affect how my fiance and I plan our future together.

[HeatDeath 430]

A ) You'll get better answers quicker if you just create your own new thread, rather than raising them from the grave to shamble, zombie-like into the world of the living again

B ) To answer your specific questions:

1) If you received permanent residence through marriage to a US citizen, and are still living in marital union with said US citizen, you can file an N-400 to apply for citizenship after the latter of your third wedding anniversary or 90 days before 3 years after the "Resident Since" date on your green card.

2 ) You can apply for citizenship roughly 3 years after you get your green card, which will be 3-6 months after you marry. You are incorrect, the 3 year citizenship eligibility is available to K-1 entrants as well as spousal visa entrants. There are meaningful tradeoffs to be made between fiance visas and spousal visas (cost, timing of separation, etc) but the length of residence required to be eligible for citizenship is not part of them.

3 ) After you file for permanent residence (which should be as soon as humanly possible after the wedding), there is a period of 6-10 weeks where you cannot leave the US. Once you receive your advance parole card (which you file for with your Adjustment of Status to Permanent Residence, or "AOS"), you are free to return to South Africa as long as you can arrange to be back in the US for any required AOS biometrics appointment or interview. Once you have your green card and are a permanent resident, you are generally expected (by CBP, USCIS) to spend at least half of your time in the US. If you keep your trips abroad shorter than 6 months, and spend more time in the US than out of it, and make sure to maintain a US residence while you are abroad, you will be in no danger of having your PR status revoked.

4 ) In order to become a US citizen, you have to be present in the US for 5 years (3, if you are applying based on having obtained PR status through marriage, which you would be). A single continuous absence (one trip, regardless of whether it spans two calendar years or not) of more than 180 days would reset the clock, so to speak, requiring you to accumulate another 3 years of uninterrupted residence before you would qualify for naturalization.