confused with what's next

[bluebelle 0]

Hello everyone,

Please help me figure out what I should do next.

I got my GC and it is stated there Residence Since 11/03/08, card expires 11/03/10.

Can I apply for citizenship 90 days before 11/03/08 which is Sept. 3, 2010? or can I do that now?

Also, should I apply for removal of conditional residency or can I go ahead and file for citizenship?

Thank a lot for helping me!

Regards,

Bluebelle

[Rhiannercakes 14]

If it expires in 2010, that's most likely your conditional green card.

You need to file for Removal of Conditions first, which gets you your 10 year green card, then later you can file for citizenship.

Edited December 3, 2009 by Rhiann

[Creel 0]

You need to have your Green card for 5 years to apply to be a citizen or 3 years if you are married to an American. You can apply 90 days early if you have been married for over 3 years at time of application.

[bluebelle 0]

sorry for the lack of information:

I am married to my husband who is an american in April 29,2008. Does this mean I can apply for a citizenship already?

Regards,

Bluebelle

[Rhiannercakes 14]

You need to file for removal of conditions 90 days before your conditional green card expires.

Since you said your card expires 2010 and you got it in 2008, you still need to file for Removal of Conditions. That will get you your permanent green card, then like Creel said you can apply 90 days early if you have been married for over 3 years at time of application.

Now, for some people, their removal of conditions doesnt get approved in time for this. If your removal of conditions is still pending before you hit 90 days before being married for 3 years, you can apply for citizenship. It'll push for your removing of conditions to get completed

You still MUST remove conditions regardless. If you do not, your temporary residency expires and you could be deported.

Edited December 3, 2009 by Rhiann

[NickD 203]

If your conditional LPR card expires 11/03/10, you definitely have to apply for your I-751 90 days before that date, or you won't be here legally. You cannot work nor travel. But this also means you have only been a LPR for a little over a year, far short of the three year requirement of being a LPR when filing for the marriage privilege.

Due to long delays with the USCIS processing the I-751, I see they are still giving a one year extension notice, meaning you not only have to carry your expired green card with you, but also that extension notice as well. Your expired green card that will occur for you on 11/03/10 is worthless without the extension notice. You need both.

When we applied 90 days before my wife's 3rd anniversary of her green card, we didn't receive the ten year card, so had to submit a copy of her expired green card and her one year extension notice. But fortunately she received her ten year card just days before her interview only to have to turn that card in days later when she got her USC certificate. But you have got to have that ten year card before you can become a USC.

From your dates, you cannot apply for USC until 90 days before your 3rd LPR anniversay, which would be 11/03/11, but better put a big note on your refrigerator door to apply for your I-751 90 days before 11/03/10, or else you will be in big trouble. The USCIS does not notify you that your card is about to expire. You also have to send in a ton of evidence with the I-751 to prove that all of your ownership and obligations are joint and to send in joint tax returns. Also have to do that again for the N-400. Now is a good time to compile that evidence.

[bluebelle 0]

Thank you everyone

I think I will file if I-751 first then file for citizenship afterwards.

Cheers!

Bluebelle

[NickD 203]

Thank you everyone

I think I will file if I-751 first then file for citizenship afterwards.

Cheers!

Bluebelle

Really not much to think about, if you don't file for the I-751 you can be deported and certainly can't apply for USC if you have been deported.

Should really read this section of this board.

Removing Conditions on Residency General Discussion

We had some very stiff new immigration laws in 1986 where just about the only door that was left opened to bring people here was through marriage. Unfortunately that led to a lot of fraud, some two million cases of it so in 1988 they invented the conditional two year card. It was because of that fraud, we all have to pay the price. Joint taxes, joint ownership, joint bank accounts, joint insurance, you as the beneficiary all count in getting your ten year card.

[Raleigh2009 0]

sorry for the lack of information:

I am married to my husband who is an American in April 29,2008. Does this mean I can apply for a citizenship already?

Regards,

Bluebelle

This will be your timelines:

Married: April 2008

Conditional GC approved: Nov. 2008

Apply for removal of condition: Aug. 2010

Apply for naturalization: Aug. 2011 - you have to be married to your American husband for 3 full years and you have to have your GC for at least 33 months before you can apply for naturalization.

[antda 13]

Hi Bluebelle,

First of all, you have to apply for the Removal of Conditions before you apply for US Citizenship

In your case:

The earliest you can file for Removal of Conditions is 2 ears minus 90 days from the "residence since" date on your 2yr/10yr green card of 11/03/08 (as

mentioned on your vj timeline that this is the date): Thursday, August 5, 2010, or anytime after that.....

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

For example, in my situation:

I have been a permanent resident since November 2006 and my 2yr green card expired in November 2008...

I applied for Removal of conditions in August 2008, 90 days before the 2 years after the "residence since" date on my 2yr green card, and then I got my 10yr unrestricted green card afterwards.

Second of all.....

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

In your case:

The earliest you can file for US Citizenship is 3 years minus 90 days from the "residence since" date on your 2yr/10yr green card of 11/03/08 (as mentioned on your vj timeline that this is the date): Friday, August 5, 2011, or anytime after that.....

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

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 could 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 2yr and 10yr 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

Hello everyone,

Please help me figure out what I should do next.

I got my GC and it is stated there Residence Since 11/03/08, card expires 11/03/10.

Can I apply for citizenship 90 days before 11/03/08 which is Sept. 3, 2010? or can I do that now?

Also, should I apply for removal of conditional residency or can I go ahead and file for citizenship?

Thank a lot for helping me!

Regards,

Bluebelle

Edited December 4, 2009 by Ant+D+A

[Kathryn41 3,205]

Moved from US Citizenship Forum to Removal Of Conditions Forum as that is the OPs next phase in her Visa Journey