Quick Question on 3 years counting

[AlexDang 0]

Quick question. To become a citizen after 3 years of lawful permanent residence as married to a U.S citizen, when is that 3 years starting to count?

A). The day that one entered into U.S as K-1 visa.

B) The day one you get the green card from I-485 as conditional residence

C). The day that one removes the conditional with I-751.

I assume that's not A, but is it B or C?

Thanks.

[milimelo 4,561]

B - look at the GC - find the resident since date - add 3 years, subtract 90 days and you have a date when you can apply for naturalization.

[Bobby+Umit 161]

You count from the date the LPR status was granted.

a = no

b = yes "but you go by the date on the card"

c = no

[Creel 0]

The three years starts on the date that is on your original Green Card. If you have been married three years at the time of application you can submit your application 90 days before the three years for the Green Card. So, if you married January 1, 2006 and got your Green Card April 15, 2006, than you can apply January 15, 2009 for you citizenship. If you married February 1, 2006 and got your Green Card April 15, 2009 you would have to wait until February 1 2009 to apply, only 75 or so days before your three years.

Hope that makes sense.

[Wichita 0]

It will start on the day you became permanent residence. Look at your first green card there is a date there when you became permanent residence.

Quick question. To become a citizen after 3 years of lawful permanent residence as married to a U.S citizen, when is that 3 years starting to count?

A). The day that one entered into U.S as K-1 visa.

B) The day one you get the green card from I-485 as conditional residence

C). The day that one removes the conditional with I-751.

I assume that's not A, but is it B or C?

Thanks.

[rahulv 4]

B. You have to be a LPR for 3 years, and married to the same US citizen for those 3 years and that your spouse has been a US citizen for those three yeas.

Counting 3 years from the day/date you got your first Permanent Resident Card

[j25 0]

If you married February 1, 2006 and got your Green Card April 15, 2009 you would have to wait until February 1 2009 to apply.

I don't think that your calculation is correct. If one got GC on April 15, 2009 they could apply on April 15, 2012 (- 90 days).

[NickD 203]

Put in another way, you have to be married to the same person for at least three years on the day you send in your application, no grace period on that. The other condition is to be a LPR for three years, but you can send in your application not a day sooner than 90 days before your 3rd LPR anniversary.

So you do get a 90 day grace period for your LPR three year period, but do not for your 3rd marriage anniversary date on the day you can first send in your application.

Can only wonder why they made the law this way, has to be some logical reason, but I can't think of any. If you send your application in early not meeting both the marriage and LPR time periods, they can keep your 675 bucks and reject your application. That may be the reason.

[patience-virtue 1]

so, as k1 visa holder, we start counting our LPR from the date we got approved (date printed in GC), right?

but in my case, my I-485 application is pending for 2 years and 7 mos. now, i had my interview last week.

let say i got approved, does it mean, my LPR date starts FEB. 2010?

We'll be married for 3 years on May 2010.

when will i be eligible to apply for naturalization?

your response is greatly appreciated!

[jcrom 2]

Hello everybody, Good question that has a nice response right away. The time began when USCIS issue the first Conditional Green CArd. Actually, you need 2 years, 9 months to send your petition for U.S. citizenship, because you can apply 90 days before the 3rd year of the issuing of the Green Card. Of course, you have to have on hand the 10 year Green Card. It is recommended to send the petition not too close of 2 years and 9 months; at least wait 2 years and 10 months to send the petition. So, if you have your green card since at least 2 years and 10 months and you are married with the U.S. citizen who performed you the green card process, you are fine and you can apply right away. Thanks and bye,

[milimelo 4,561]

so, as k1 visa holder, we start counting our LPR from the date we got approved (date printed in GC), right?

but in my case, my I-485 application is pending for 2 years and 7 mos. now, i had my interview last week.

let say i got approved, does it mean, my LPR date starts FEB. 2010?

We'll be married for 3 years on May 2010.

when will i be eligible to apply for naturalization?

your response is greatly appreciated!

Well if you're going to be approved then your permanent residence starts in Feb 2010. Then it will be another 3 years minus 90 days to apply for naturalization.

What's taking so long with your AOS? Over 2 years is a bit much to wait.

[patience-virtue 1]

What's taking so long with your AOS? Over 2 years is a bit much to wait.

I know! it is horrible. Got me 2 biometrics and tons of infopass, but they gave us no clue why it took so long.

I already passed that sentiments though. looking to brighter side of the coin. at least, they said i'll automatically get my 10-yr gc, saving some fees (i applied before the fee increased last 2007, it cost me $385, if im not mistaken). also, i don't have to deal w/ 'em for a while once i get my 10-yr.

Good thing as well, i got my SSN straight beforehand, so i never had a problem w/ our bank accts, tax etcetera.., i got my driver's license also, even without EAD or GC.

Not bad! just the agony of waiting sucks!

thanks for all your response!

[Sibtain 1]

hello guys!

I hope you all will be fine.

I have in alot of trouble in these days my wife got cancer and shes on 4th stage.she is scared that she will die soon.She wants me to stay in USA and if she will die then i have to raise her daughter and my sep daughter and also she wants me to get Citizenship.

My question is that how can i get citizenship if she will die before 3 years?

What should i do?

Will i be eligible for applying citizenship in 3 years after the death of wife?

Plz reply me as son as possible.

Thanks

[milimelo 4,561]

hello guys!

I hope you all will be fine.

I have in alot of trouble in these days my wife got cancer and shes on 4th stage.she is scared that she will die soon.She wants me to stay in USA and if she will die then i have to raise her daughter and my sep daughter and also she wants me to get Citizenship.

My question is that how can i get citizenship if she will die before 3 years?

What should i do?

Will i be eligible for applying citizenship in 3 years after the death of wife?

Plz reply me as son as possible.

Thanks

If you don't qualify at the 3 years due to your wife passing away then you apply after being PR for 5 years minus 90 days (that is the case for widows).

I hope your wife will not die and will overcome her illness.

[lucyrich 20]

hello guys!

I hope you all will be fine.

I have in alot of trouble in these days my wife got cancer and shes on 4th stage.she is scared that she will die soon.She wants me to stay in USA and if she will die then i have to raise her daughter and my sep daughter and also she wants me to get Citizenship.

My question is that how can i get citizenship if she will die before 3 years?

What should i do?

Will i be eligible for applying citizenship in 3 years after the death of wife?

Plz reply me as son as possible.

Thanks

I'm sorry you have to go through this.

The law may not be very fair, but it is very clear on this point. In order to file based on "three years married", you must remain married and your US Citizen spouse must remain alive until the day you take the oath. If the marriage ends due to death or divorce any time before the oath ceremony, the citizenship application will be denied. But if it were denied for this reason, it would not hurt your ability to file after having held the green card for five years.

See 8 CFR 319.1( b )(2): Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated.