When does the clock officially start ticking for residency requirements

[Usui Takumi 1,562]

In this topic

http://www.visajourney.com/forums/index.php?showtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?

Edited July 5, 2009 by lancer1655

[diadromous mermaid 36]

Logically, why would you think that someone that has not yet been approved as a permanent resident would or should count the time they were in the USA as time done for Naturalization? No the clock begins ticking when the individual meets all of the eligibility requirements. One of them being that they have been a PR for either 3 or 5 years, realtive to whether they are married to a USC or not.

In this topic

http://www.visajourney.com/forums/index.php?showtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?

[jsnearline 2]

The OP does raise a legitimate point. Some people who have had to wait months or even years for particularly slow DOs to process their AOS applications then have to fall in line for citizenship behind people who applied for AOS after them but whose AOS cases were processed more expeditiously and approved sooner than theirs.

I've always thought AOS approval dates should be backdated to the Received/Priority Date on the receipt notice. That way, the applicant wouldn't be penalized for the USCIS' lack of efficiency in processing certain applications.

Edited July 5, 2009 by jsnearline

[Kathryn41 3,205]

Well, I am one of those individuals who had to wait a long time for my AOS - 22 months in fact. Even though I have been physically present in the US since May 2004 and married to a US citizen since June 2004 I was not eligible to apply for US citizenship until February 2009 - 90 days prior to my 3rd year anniversary of my permanent residency. If USCIS had processed my applications in at all a timely manner I should have been able to be a citizen prior to the last election rather than just applying to become one this Spring.

[rebeccajo 14]

Count my husband in also as one who got setback in his naturalization clock by a lengthy adjustment of status.

If things had been running as smoothly for namecheck then as they seem to now, my husband should have already taken his oath of citizenship, rather than just receiving his 10-year card a few days ago.

[Tini27 0]

Count my husband in also as one who got setback in his naturalization clock by a lengthy adjustment of status.

If things had been running as smoothly for namecheck then as they seem to now, my husband should have already taken his oath of citizenship, rather than just receiving his 10-year card a few days ago.

I'm in the same boat, entered the US in 2004 on a fiancee visa, been married and living with my husband (US citizen) since 2004 but the procedures took forever and my GC was only granted in 2006 so technically I'm a spouse of a US citizen for over 5 years, living legally in the US for 5 years, yet I could only apply for citizenship in Feb 09. So yes lancer1655, it sucks big time!

Kathryn41, we have roughly the same timelines!

[Kathryn41 3,205]

Yes, we do! I didn't realize there was someone else here with the same time frame as ours. It has been frustrating, yes.

Edited July 6, 2009 by Kathryn41

[Usui Takumi 1,562]

Just to confirm. You can preload your application by 90 days then?

[Tini27 0]

Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!

[Usui Takumi 1,562]

Thank you!

[internetkafe 0]

Well, I am one of those individuals who had to wait a long time for my AOS - 22 months in fact. Even though I have been physically present in the US since May 2004 and married to a US citizen since June 2004 I was not eligible to apply for US citizenship until February 2009 - 90 days prior to my 3rd year anniversary of my permanent residency. If USCIS had processed my applications in at all a timely manner I should have been able to be a citizen prior to the last election rather than just applying to become one this Spring.

KATHRYN41, I have married and been in the US since May 2004 too. But after having to apply for several different visas (K1+K3+CR1) only now I can apply for naturalization.

I wish they counted the time since marriage in the US. They do not and I understand why they do not. It is based on almost physical residency...

Edited July 6, 2009 by internetkafe

[Kathryn41 3,205]

Internetkafe,

Wouldn't that be nice if they would count the full time in the US - especially when the accumulation of time is due to their delays, not ours! Good luck to you - and thanks. Seems to be a number of us from May 2004 who are only now becoming eligible for citizenship.

Edited July 6, 2009 by Kathryn41

[Rehan 0]

Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!

I want to ask something. How about conditional residence. If someone comes here as a conditional residence of a US Citizen and then removes the condition and meet all other requirments, does the three year clock starts from the day you get your Conditional Green card?? OR Does the clock start from the day you get your 10 year Permanat green card??? Thanks! It's a helpful thread!!

[metals95 1]

I had my 40 credits of SSA worked before my AOS was approved, and unfortunately it means nothing for naturalization. My original SS card said cannot work with out "INS" approval, a true relic. Anyway my I864 had expired before the AOS was approved (40 credits) for me, but I am still waiting another 2 years for Naturalization.

Thems just the rules.

[diadromous mermaid 36]

Conditional or permanent residency, whichever occurs first

Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!

I want to ask something. How about conditional residence. If someone comes here as a conditional residence of a US Citizen and then removes the condition and meet all other requirments, does the three year clock starts from the day you get your Conditional Green card?? OR Does the clock start from the day you get your 10 year Permanat green card??? Thanks! It's a helpful thread!!

Edited July 6, 2009 by diadromous mermaid