When does the 3-year "countdown" begin for a marriage-based case?

[shikarnov 7]

Hi All,

I'm just wondering when my wife will be eligible to apply for citizenship. I know it's 3 years because of our marriage, but I wonder if it's 3 years from the date of marriage, from the date of her temporary (2-year) green card, or from the date of her permanent green card (10-year).

Thanks!

Z

[aleful 1,905]

Hi All,

I'm just wondering when my wife will be eligible to apply for citizenship. I know it's 3 years because of our marriage, but I wonder if it's 3 years from the date of marriage, from the date of her temporary (2-year) green card, or from the date of her permanent green card (10-year).

Thanks!

Z

3 years of marriage at least, and 3 years since she became a LPR, in her case, since she had her 2 year conditional card. Has she already removed the conditons?

[v333k 59]

Hi All,

I'm just wondering when my wife will be eligible to apply for citizenship. I know it's 3 years because of our marriage, but I wonder if it's 3 years from the date of marriage, from the date of her temporary (2-year) green card, or from the date of her permanent green card (10-year).

Thanks!

Z

It is from the date she became a permanent resident... the dates on her 2-year conditional GC and the 10-year permanent GC are the same.... and that is the date you use to count from.

[shikarnov 7]

3 years of marriage at least, and 3 years since she became a LPR, in her case, since she had her 2 year conditional card. Has she already removed the conditons?

No. She hasn't removed conditions. She just got her 2-year card a couple of months ago.

It is from the date she became a permanent resident... the dates on her 2-year conditional GC and the 10-year permanent GC are the same.... and that is the date you use to count from.

Thanks to you both for the reply. Looks like we start the citizenship process in 2013.

See you guys then

[lovelylili 1]

I hope I am correct by saying, you can start the application process 90 days before the 3 year anniversary. That helps some.

Someone please verify this information.

[Brother Hesekiel 2,236]

You could answer that question yourself, had you given it some though.

A US citizen marries a beautiful woman from Russia. They live together happily for 50 years. Then they move to the United States. She gets her Green Card. Since they've been married for half a century already by the time she got her Green Card, can she immediately become a US citizen even though the ink on her Green Card is still wet?

[Europeanboy 0]

You could answer that question yourself, had you given it some though.

A US citizen marries a beautiful woman from Russia. They live together happily for 50 years. Then they move to the United States. She gets her Green Card. Since they've been married for half a century already by the time she got her Green Card, can she immediately become a US citizen even though the ink on her Green Card is still wet?

No, She can't apply immediately. She has to be a permanent resident for 3 years and 90 day before the 3rd year anniversary She can. Even if they've been married for 100 years she has to cover the 3 year residence requirement to do so...

[Europeanboy 0]

Hi All,

I'm just wondering when my wife will be eligible to apply for citizenship. I know it's 3 years because of our marriage, but I wonder if it's 3 years from the date of marriage, from the date of her temporary (2-year) green card, or from the date of her permanent green card (10-year).

Thanks!

Z

If your wife got her 10-year green card that means that the conditions have been removed. If she got approved a couple of months ago She is eligible to apply for citizenship very soon. She applied for removing conditions 90 days before the second anniversary of the date they issued her first card. That means 90 days before the 3rd year anniversary of her first green card or the "Resident since" date on the both cards basically she can apply and that's coming soon. Good luck to you!

[jcrom 2]

Hello , you have to arrive to the appointment of interview at least with 3 years of marriage and you have to have the 10 year green card. I think there are people who have arrived a little bit of time before and they have had problems and delays of approval. I really recommend you to send the papers exactlay at 2 years and 10 months of your marriage date, so you are going to arrive to the interview very closed from 3 years and 1 month, so you are fine. Thanks

[HeatDeath 430]

There are a number of conditions that need to be satisfied in order to apply for citizenship, and the ways they interact can become complex. The two conditions here are the length of marriage condition, and the continuous residency condition. Length of marriage must be over 3 years for someone who got their green card through marriage. Continuous residency must also be 3 years.

My understanding is that you can apply up to 90 days before the residency requirement has been met, but the 3 years of marriage must have been met at the time of application. Normally this is not an issue since historically, it was almost unheard of for a K-1 entrant to get their green card within 90 days of their marriage - so 90 days before the GC 3rd year anniversary would normally always be after the 3rd marriage anniversary.

In recent months, however, more and more K-1 people have received their GCs within 90 days of their marriage. I did, for example. I was married September 12, 2009, and my GC says resident since December 1, 2009. So even though the residency requirement says I should be able to apply 90 days before December 1, 2013, I actually have to wait a couple of weeks, until September 13, 2013, because I will not have been married long enough at the 90 days minus date.

The USCIS Guide to Naturalization has a big flow chart to walk people through these conditions, and how they interact. It can be found here. http://www.uscis.gov/files/article/M-476.pdf

The flowchart starts on page 21 of the pdf. I would also draw your attention to the box at the bottom of page 25 of the pdf.