US citizenship questions

[Bobsled 0]

I have some questions about my wife’s Philippine passport that will expire in May 2010 and applying for US citizenship.

A little background first; she arrived in the US on a K1 visa in May 25, 2006, we married in Aug. 20, 2006. She received her 10 year GC in Dec. 2008.

We are thinking of visiting the PIs (2nd time) in March or April of 2010. Will it be a problem if she travels on a nearly expired passport? I’m really trying to avoid paying the 100-150 dollars to renew her passport which will become useless if/when she applies for US citizenship. I’d rather apply the $$$ to the citizenship fee.

I believe she is eligible to apply for US citizenship now based on the following:

2. A lawful PR for at least 3 years and at least 18 yrs old; and been married to and living with the same USC for the last 3 yrs; and I have been a USC all my life.

The question I have is based on the above, she IS eligible to apply for her USC? Also, when does the clock start ticking on the 3 years of permanent residency? Is that as soon as she had her K1 stamped at the POE or the date she was first issued her 2yr GC?

Thanks,

Rob

[Kathryn41 3,205]

I have some questions about my wife's Philippine passport that will expire in May 2010 and applying for US citizenship.

A little background first; she arrived in the US on a K1 visa in May 25, 2006, we married in Aug. 20, 2006. She received her 10 year GC in Dec. 2008.

We are thinking of visiting the PIs (2nd time) in March or April of 2010. Will it be a problem if she travels on a nearly expired passport? I'm really trying to avoid paying the 100-150 dollars to renew her passport which will become useless if/when she applies for US citizenship. I'd rather apply the $$ to the citizenship fee.

I believe she is eligible to apply for US citizenship now based on the following:

2. A lawful PR for at least 3 years and at least 18 yrs old; and been married to and living with the same USC for the last 3 yrs; and I have been a USC all my life.

The question I have is based on the above, she IS eligible to apply for her USC? Also, when does the clock start ticking on the 3 years of permanent residency? Is that as soon as she had her K1 stamped at the POE or the date she was first issued her 2yr GC?

Thanks,

Rob

Hi Rob,

The important issue is when did she receive her 2 year green card, not her 10 year green card or her K-1 entry stamp. The three years of residency are counted from the date the first green card she received is issued. She is eligible to apply for citizenship 90 days before the 3rd anniversary of her 2 year greencard date, as long as you have also been married 3 years at the time you apply.

Citizenship applications vary in how long they take due to which office is processing them but seem to average about 4 to 5 months, although it can also take longer - especially if you are waiting to be scheduled for the oath. (ie. at my oath ceremony in August there were people who had been approved the previous February as well as the ones from August). The passport application itself will take another month or so to be processed, unless you run into problems in which case it might be up to 2 months (like mine - lost in the mail - had to cancel the lost one and they are re-issuing me a new one).

You shouldn't have a problem travelling on her passport in March if it is due to expire in April as long as she returns to the US before the passport expires. You will probably have a few months where she will not be able to leave the US (except to visit Canada or Mexico) as she will be between her expired Philippines passport and the receipt of her new US passport.

Depending on the timing of her green card and when you wish to submit her citizenship application, you should try to plan that she isn't out of the country when they are likelly to issue her her biometrics appointment - it generally comes between 1 to 2 months after the application is submitted.

I hope this information helps.

Edited September 30, 2009 by Kathryn41

[Bobsled 0]

Hi Rob,

The important issue is when did she receive her 2 year green card, not her 10 year green card or her K-1 entry stamp. The three years of residency are counted from the date the first green card she received is issued. She is eligible to apply for citizenship 90 days before the 3rd anniversary of her 2 year greencard date, as long as you have also been married 3 years at the time you apply.

Depending on the timing of her green card and when you wish to submit her citizenship application, you should try to plan that she isn't out of the country when they are likelly to issue her her biometrics appointment - it generally comes between 1 to 2 months after the application is submitted.

I hope this information helps.

Thanks Kathryn,

That was very helpful. 90 days before 3rd anniversary of 2yr GC would be now. I think we will wait until we return to avoid missing apppointments.

Rob

[Woodstock10512 0]

Hi Bob, I had the same experience in 2007. I was at the airport getting ready to leave for the Philippines and China. Even if my passport was still valid for 4 more months (and my trip is only for a couple of weeks), the immigration officer did not allow me to leave. They said that my passport has to be valid for six months. It was an inconvenience. I wouldn't have gone through that had I called the Philippine consulate and asked them about my passport.

BTW, your wife may apply for citizenship after three years of having a permanent resident status. Please don't save money by not renewing her passport. The benefits outweighs the cost and the headache. She needs a valid passport number when she applies for naturalization.

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I have some questions about my wife’s Philippine passport that will expire in May 2010 and applying for US citizenship.

A little background first; she arrived in the US on a K1 visa in May 25, 2006, we married in Aug. 20, 2006. She received her 10 year GC in Dec. 2008.

We are thinking of visiting the PIs (2nd time) in March or April of 2010. Will it be a problem if she travels on a nearly expired passport? I’m really trying to avoid paying the 100-150 dollars to renew her passport which will become useless if/when she applies for US citizenship. I’d rather apply the $$$ to the citizenship fee.

I believe she is eligible to apply for US citizenship now based on the following:

2. A lawful PR for at least 3 years and at least 18 yrs old; and been married to and living with the same USC for the last 3 yrs; and I have been a USC all my life.

The question I have is based on the above, she IS eligible to apply for her USC? Also, when does the clock start ticking on the 3 years of permanent residency? Is that as soon as she had her K1 stamped at the POE or the date she was first issued her 2yr GC?

Thanks,

Rob