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Posted

Hi everyone, I have a question. Please advise me.

My wife just got her AOS approved she will have her green card in couple of months. We have been married since 2004. I became a US citisen in 2006. She joined me on 2007 with a K3 visa. sm1 told me that after she recied her Green card she doen't need to wait 3 years since we have been married for 5 yrs and on Feb 2010 she will have her 3th year in US. Means that the USCIS will take in consideration that time when we were married+ that fact that she is here for almost 3yrs. Is it true or not? Or doas she need to wait 3 yrs before she can apply no matter what?

Please help. Thank you

Posted
Hi everyone, I have a question. Please advise me.

My wife just got her AOS approved she will have her green card in couple of months. We have been married since 2004. I became a US citisen in 2006. She joined me on 2007 with a K3 visa. sm1 told me that after she recied her Green card she doen't need to wait 3 years since we have been married for 5 yrs and on Feb 2010 she will have her 3th year in US. Means that the USCIS will take in consideration that time when we were married+ that fact that she is here for almost 3yrs. Is it true or not? Or doas she need to wait 3 yrs before she can apply no matter what?

Please help. Thank you

She has to wait to apply 90 days before the 3 year date of her GC issuance. She should get a 10 year GC and NOT have to remove conditions tho.

I've never heard of a 5 year married trip! Doesn't mean it ain't happening tho.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: IR-5 Country: Philippines
Timeline
Posted

Regardless how long you have been married, USCIS doesn't take consideration on that only. She can only apply naturalization 90 days before the 3 years date of her GC if married to U.S citizen or 90 days before the 5 years of GC. Read Guide to Naturalization

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

I-130 Petition for alien relative (mom)

01/08/2010 - Mailed I-130 form via express mail

01/11/2010 - Received Application and signed by JPM

01/19/2010 - Received NOA1

03/10/2010 - Received approval notice via e-mail

03/15/2010 - Received NOA2 via mail

NVC

03/16/2010 - case no. assigned and registered both my mom and my e-mail addresses

03/18/2010 - Received DS-3032 form and AOS fee bill from NVC via e-mail

03/18/2010 - PAID AOS fee

03/20/2010 - e-mailed signed DS-3032 to NVC

03/23/2010 - Mailed I-864 packet via USPS

03/25/2010 - NVC received DS 3032 thru e-mail

03/26/2010 - NVC received I-864 packet

03/31/2010 - PAID IV Bill online

04/10/2010 - Received RFE, missing DS-230 and entire documents..... still waiting for my mom to send me her stuff. omg!

04/22/2010 - Mailed DS 230 packet via USPS Priority Mail.... huh! finally I received my mom's docs.

04/26/2010 - NVC received DS 230 packet

05/07/2010 - Sign-in FAILED....great!

05/10/2010 - Talked to the NVC operator and said "CASE COMPLETED" on 05/10/2010

05/13/2010 - Received Interview Appt. on 06/02/2010 via e-mail

05/17/2010 - Medical Exam

06/02/2010 - Interview Appointment PASSED

06/23/2010 - Returned her passport to Singapore Embassy for issuance of visa

06/30/2010 - Visa Received... Yehey!!

09/16/2010 - Arrived in Hawaii

10/02/2010 - Received Welcome Notice

10/12/2010 - Applied for SS #

10/13/2010 - Received 10 years permanent card

10/18/2010 - Received ss card

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Forget about applying for a US passport until she receives her USC certificate, and the DOS wants to see that original certificate, nothing else will do.

Also forget about travel from the time you receive that USC certificate and get your US passport, while you can leave the country with a current valid foreign passport and come back with a valid green card, you can't come back with a USC certificate, got to have a US passport if you want to come back.

It's not too bad today, but a couple of years ago, even paying the extra hundred bucks for expedient service was taking as long as four months to get that US passport, but did have the option to go to one of the 12 service centers that wouldn't be too bad if you had one of those service centers in your town. But still a little better than trying to keep your foreign passport valid if there are only 2 or 3 consulates in the entire US, the US is a very big place and most want you to apply in person.

You may think you are fine when you get your AOS, hey, that took just about a year, but then you learn your headaches have just started. To get your USC, they want you to stay here, but try and get a foreign passport when you are no longer part of that country, and why should they, you are living here and not there. But when you are here, they won't let you have a US passport either until you get your USC, so you live between a rock and a hard place until those years go by.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hi everyone, I have a question. Please advise me.

My wife just got her AOS approved she will have her green card in couple of months. We have been married since 2004. I became a US citisen in 2006. She joined me on 2007 with a K3 visa. sm1 told me that after she recied her Green card she doen't need to wait 3 years since we have been married for 5 yrs and on Feb 2010 she will have her 3th year in US. Means that the USCIS will take in consideration that time when we were married+ that fact that she is here for almost 3yrs. Is it true or not? Or doas she need to wait 3 yrs before she can apply no matter what?

Please help. Thank you

There are 3 dates you consider.... you are eligible once you are able to answer YES to ALL of these questions

1) Currently married for three or more years to a USC. (YES in 2007)

2) USC spouse has been a USC for three or more years. (Yes in 2009)

3) Permanent resident of the USA for 3 or more years... (YES in 2012)

Not eligible for citizenship until 2012...

YMMV

 
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