N400 3 Year status question

[LastSurvivor 0]

My wife's green card was approved in August 2006. In August of this year it will be 3 years since the approval. I am curious about the following statement regarding qualification:

Most Permanent Residents must wait five years after getting their Green Card to petition to become a US Citizen however a spouse of a US Citizen can apply for citizenship three years after approval of their Adjustment of Status. The five or three year time frame does not include any time spent outside of the United States on travel.

If we have spent 1 month in Thailand each year does that mean that she can not apply until Nov/Dec of '09 or can we apply at the end of 3 years?

LS

[Cuchita 1]

If you were out for more that 6 months adding those months out in thai. then you have to wait, if less than 6 mos. then you can file in May 2009. (3 mos. before the 3 years is permitted).

Good luck!

[LastSurvivor 0]

Thank you for the quick reply to my first question. Excellent news and I will start working on the paperwork immediately. We can also file even though our I-751 is still in process, correct? No need to wait for Vermont to complete the application.

LS

Edited February 10, 2009 by LastSurvivor

[Cuchita 1]

Oh lord she is not a permanente resident yet?, in that case she has to wait to get the permanent GC. I know they are holding the permanent residences and extending the conditionals, yepp I know it a hassle. Love dealing with the govt!ugh!.

[LastSurvivor 0]

Oh lord she is not a permanente resident yet?, in that case she has to wait to get the permanent GC. I know they are holding the permanent residences and extending the conditionals, yepp I know it a hassle. Love dealing with the govt!ugh!.

Hmmm. I have heard over on the "Removal of Conditions Board" that you do not have to wait for the 10-year Green Card and can apply when you have met the 3 year requirement. We will most likely do this and I will let you know how it goes.

LS

[Cuchita 1]

The Guide to naturalization says Permanent Resident. But who knows I might be wrong. This is from the USCIS webpage: Go to page 17.

http://www.uscis.gov/files/article/M-476.pdf

[lucyrich 20]

The Guide to naturalization says Permanent Resident. But who knows I might be wrong. This is from the USCIS webpage: Go to page 17.

http://www.uscis.gov/files/article/M-476.pdf

That's right. And a person with a conditional green card is a permanent resident. A conditional permanent resident, if you want to be specific, but a permanent resident nonetheless. There's no need to wait for approval of the I-751 before filing the N-400. But I believe they'll process the I-751 if needed at the N-400 interview.

See INA 216(e). INA 216 is the section where they talk about conditional permanent resident status for spouses. Paragraph (e) says:

(e) Treatment of Period for Purposes of Naturalization.-For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.

In other words, for the purposes of naturalization, conditional permanent resident status is as good as any other permanent resident status.

[Dakine 26]

I've "heard" you can a pply for USC while the I-751 is still being processed. I've also "heard" filing the N-400 will speed up the I-751.

ALL hearsay.

[queendlee 1]

i am not sure it will speed anything up, but you can apply, they just need to make a decision on the removal of conditions first before they decide the citizenship case.