When am i eligible for Naturalization

[tx12354 0]

I entered USA by K1 visa on 2007. I got my 2 year conditional green card on april of 2008. I will be applying for 10 year green card in next month. I am curious when am I eligible for Naturalization? Do I need to wait another 3 years (2013) or just another year (2011, assume I get my 10 green card this year).

[raymaga 25]

As a spouse of a US citizen, you can apply for Naturalization 3 years (minus 90 days) from the date you became a Permanent Resident.

[NickD 203]

If the I-751 is the same as a couple of years ago, where you definitely should apply 90 days before it expires, you will get a one year extension notice that you are suppose to carry with you besides your expired green card. Works out that exactly one year later you send in your I-751 application, you can apply for the N-400 and still not have your ten year card yet. So you have to send in a copy of your expired green card and one year extension notice.

Some have received their interview before their third anniversary and still not have their ten year card, but then you have to apply for an infopass appointment to get either an I-551 stamp in your current valid foreign passport or apply for an I-94 where you bring in two passport photos of yourself. You still have to keep yourself legal even though you already passed your interview but waiting for you oath ceremony.

We were lucky that my wife received her ten year card just days before her one year extension would have ran out, saved us yet another 430 mile trip for the infopass. But she didn't get to keep her ten year card very long, they took it back at her oath ceremony. That was a high stress period for us. Her biometrics for the I-751 was scheduled much later than her N-400 biometrics, so only eleven months went by.

[antda 13]

Hi Tx12354,

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 04/??/08

(as mentioned on your post that this is the date): Sometime in January-February 2011, or anytime after that....

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 journey too.

Ant

I entered USA by K1 visa on 2007. I got my 2 year conditional green card on april of 2008. I will be applying for 10 year green card in next month. I am curious when am I eligible for Naturalization? Do I need to wait another 3 years (2013) or just another year (2011, assume I get my 10 green card this year).

[Polu15 0]

Hi Tx12354,

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 04/??/08

(as mentioned on your post that this is the date): Sometime in January-February 2011, or anytime after that....

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 journey too.

Ant

Question:

What if husband and wife got divorced? when can the husband apply for citizenship and what requirements does he need for citizenship application?

Thanks

[Kathryn41 3,205]

If the couple are no longer married then the non-US partner can file for citizenship when he has been a permanent resident for 5 years. The requirements can be found here: http://www.uscis.gov/files/article/M-476.pdf page 17 ("The Guide To Naturalization").

[tx12354 0]

thank you all for replying. I am getting ready to file I-751 early Feb. Wish me luck.

[manias 0]

Sorry for the re-question but....

Am I understanding this correctly....

Can one apply for US citizenship only after having their 10 year card for 3 years?

Does the 2 years of the first green card not count towards citizenship?

Thank for any clarification

[manias 0]

Oops I think I found the answer in the FAQ......

I guess the two years does count then....

I should add the naturalization is for my wife & we have been married for the whole time we are in the US.

8.1)...When can I apply for United States citizenship?

A...As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Back at the AOS interview, your passport was stamped with the I-551 stamp and a date. The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States.

If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.

(FAQ note: A bit more info on the "long absences" stuff will be included when I can nail it down)

Edited January 29, 2010 by manias

[NickD 203]

Is anyone receiving their ten year green card within that 90 day window the USCIS allows before the expiration date of their two year conditional card? Or are they still sending out that one year extension notice. That's a pain, you have to carry both the expired green card and the one year extension notice. Especially if you leave the country for a couple of days. That is the only way you can come back in.

Generally if you apply precisely 90 days before you conditional card expires, you can apply for the N-400 precisely one year later from that date that should be 90 days before your 3rd anniversary. But have to check that it's not sooner than 90 days by counting backwards on a calendar. If you send it one day too early, can be rejected.

With the N-400, you can send that in a couple of days late, a couple of years late, or even not at all, strictly optional, just don't send it in a day early than those 90 days before your 3rd year LPR anniversary, it could be rejected.