Can my wife apply...?

[ridejewel 0]

We have been married for three years on February 13th, she came to America on a K-1 Fiancee visa. Are we suppose to apply 90 days before her three year anniversary, or do we have to wait until that three year date? Also, her and I had separated for about three months but are now back together, will that hurt the process? Thanks a bunch everyone!

[Dakine 26]

She can apply 90 days before the 3 year date she received her first GC.

[ridejewel 0]

So, it's three years after her first green card, not our wedding date?

[rebelheart 0]

YES! you could apply within the 90days before your 3 yrs date when you get your 2 yrs conditional Greencard.

So, it's three years after her first green card, not our wedding date?

[antda 13]

Hi Ridejewel

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years

-Been married to the same USC for 3 years

-Your spouse/you must have been a USC for at least 3 years (which if born in the USA, since their birth)

-Been residing physically in the USA for 3 years (which for your case would be the earliest December 2009, assuming that you don't have any long absences of residency outside of the USA for a very long period of time)

In your case:

The earliest you can file for US Citizenship is 3 years minus 90 days (note: 90 days, not 3 months) from the "residence since" date on your 2yr/10yr green card of 07/19/07 (as mentioned on your vj timeline that this is the date): Tuesday, April 20, 2010, or anytime after that.....

According to this time/date calculator: http://www.timeanddate.com/date/dateadded....p;ad=90&aw=

Do not send your application prior to the 90 days before the 3 years date, as it will be rejected if sent before then.

For example, in my situation:

I have been a permanent resident since November 2006.....

I was married in April 2006...

My spouse/husband has been a USC since birth

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009 (though I applied in September 2009, as there was a delay in my son's birth certificate), 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps. Good luck on the rest of your immigration and citizenship journey too.

Ant

We have been married for three years on February 13th, she came to America on a K-1 Fiancee visa. Are we suppose to apply 90 days before her three year anniversary, or do we have to wait until that three year date? Also, her and I had separated for about three months but are now back together, will that hurt the process? Thanks a bunch everyone!

[ridejewel 0]

Ant+D+A,

you are the reason visajourney works. Thank you so much! I would have spent thousands on lawyers if not for people like you. I really appreciate it and keep it going, Visajourney!

[antda 13]

Ant+D+A,

you are the reason visajourney works. Thank you so much! I would have spent thousands on lawyers if not for people like you. I really appreciate it and keep it going, Visajourney!

No problem...glad to be able to help you here ridejewel...

Lol..no need to spend thousands on lawyers, where you can instead get the answers for free here on VJ!

(though if you have a really complicated and problematic case, then hiring a lawyer is ok..but this is not your situation...so no need for lawyers for you!)

Lol..use the money that you saved from not hiring a lawyer can go towards the USCIS to pay for those immigration fees instead (which are pretty expensive anyways...$675 for citizenship..not cheap there...)

Good luck with the rest of your journey too.

Ant

Edited November 13, 2009 by Ant+D+A