US citizen application

[Chantel 0]

I entered here as K1, got my 2 year GC already and will expire this coming October,my question is When is the soonest possible time I can apply for citizenship?

We are sending my 10 yr GC application by July or so, is it possible to send the application for 10 yr GC and citizenship at the same time?

thanks

[-B&T- 1]

I entered here as K1, got my 2 year GC already and will expire this coming October,my question is When is the soonest possible time I can apply for citizenship?

We are sending my 10 yr GC application by July or so, is it possible to send the application for 10 yr GC and citizenship at the same time?

thanks

No you can't apply for both at the same time. For US citizenship application base on marriage to a USC you have to be an LPR for 3 years. You will have to wait approximately one year after you filed the I-751 before you can send in your application for Naturalization. Read the GUIDES above it sure does help.

Good luck.

[NickD 202]

Turns out to be almost exactly one year later for US citizenship, have to think here for a second, was 27Mar07 we sent in our I-751 and 30Mar08 for the N-400. Make duplicate copies of all evidence you have to send in for the I-751, will have to do it again plus some more for the N-400.

N-400 went smooth and quick for us, but that is entirely optional, the I-751 was a real panic for us, you need that ten year card to stay here legally, hope that goes smooth for you.

[Chantel 0]

I read somewhere here that you can send the N400 within 90 days before your 3rd year anniversary, I don't know if I got that right but at the same time I need to send my application for removing conditions by July is that correct?

November 2007 - got married

October 2008 - "resident since" on my permanent resident card

And also my son as a followed to join K2 has different permanent resident card expiration obviously because he followed me after a year, his card expires at October 2011, what's the best thing to do? file the removal condition the same time as me or wait until the 90 days? He's 10 year old by the way

Thanks a lot for the input

[HeatDeath 430]

Assuming you have maintained continuous residence, and all other things being equal, you can apply for naturalization on the later of: 90 days prior to 3 years after the "Resident since" date on your green card, or your third wedding anniversary.

Edited June 1, 2010 by HeatDeath

[NickD 202]

I read somewhere here that you can send the N400 within 90 days before your 3rd year anniversary, I don't know if I got that right but at the same time I need to send my application for removing conditions by July is that correct?

November 2007 - got married

October 2008 - "resident since" on my permanent resident card

And also my son as a followed to join K2 has different permanent resident card expiration obviously because he followed me after a year, his card expires at October 2011, what's the best thing to do? file the removal condition the same time as me or wait until the 90 days? He's 10 year old by the way

Thanks a lot for the input

Somehow, my step daughters conditional card application got misplaced during our AOS, even though we applied at the same time. But fortunately, the difference in their initial dates was within the USCIS's 90 day timeframe, so my step-daughter could tailgate her mom on the I-751 and only paying the extra 80 buck biometrics fee for her. If the difference between your card and your son's is greater than 90 days, you have to send separate I-751's for each of you and pay the extra fees.

The I-751 is nothing to delay or fool around with, send those in exactly 90 days, here again 90 days, (but not the same 90 days as the difference between your initial green card dates), before your second green card anniversary. And not 91 days before that date, can be rejected, USCIS is crazy on this. Maintaining your LPR is the most important thing you have to do on time, if you don't, you will be here illegally. This gives you an extra year to study for your N-400. Download both the N-400 instructions and the M-476 manual. Read and study those, then ask questions. We all had to do that or hire an immigration attorney if you can find a good one.

[Brother Hesekiel 2,236]

When we are talking here about the 2-year anniversary for Removal Of Conditions and the 3-year anniversary for Naturalization, we are referring to the date you became a Green Card holder. Your marriage anniversary has NOTHING to do with this. Some people have been married for many years before getting a Green Card. Look at the front of your GC: the "Resident Since .... " is the date that matters for all of this.

[HeatDeath 430]

When we are talking here about the 2-year anniversary for Removal Of Conditions and the 3-year anniversary for Naturalization, we are referring to the date you became a Green Card holder. Your marriage anniversary has NOTHING to do with this. Some people have been married for many years before getting a Green Card. Look at the front of your GC: the "Resident Since .... " is the date that matters for all of this.

You marriage anniversary is completely irrelevant to Removal of Conditions, agreed. But for naturalization, your marriage anniversary is important. To quote the pdf I linked to above, page 21, left hand column, second box down, under "Type of Applicant" -

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

If you meet all of these characteristics, then you are in a certain category of people who may be eligible to apply for naturalization. If you have not been married for the past three years - i.e. if your 3rd wedding anniversary has not yet occurred - then you are not eligible to apply for naturalization under this category. Unlike the case with RoC, whether or not a particular wedding anniversary has occurred does matter for naturalization.

[Brother Hesekiel 2,236]

If an applicant got her GC based on marriage, how can she be married less than the "resident since" date? Exactly.

So, once again, the duration of the marriage or the marriage anniversary in any such case is completely irrelevant even for naturalization purposes. The applicant can be married for 3-1/2 years, 6 years, 21 years, or over 50 years, what matters is only the resident since date on her Green Card.

[HeatDeath 430]

If an applicant got her GC based on marriage, how can she be married less than the "resident since" date? Exactly.

So, once again, the duration of the marriage or the marriage anniversary in any such case is completely irrelevant even for naturalization purposes. The applicant can be married for 3-1/2 years, 6 years, 21 years, or over 50 years, what matters is only the resident since date on her Green Card.

If an applicant gets their green card based on a spousal visa, that is entirely correct. It is also true for any person who has been married for longer than 3 years. I agree completely. Chances are we are talking at cross purposes, and arguing over a minor piece of semantics, but getting a green card based on adjustment of status from entering on a fiance visa and marrying is still just as much getting a green card "based on marriage" as the other cases you mention, and that is what I'm talking about.

This is what my experience was. I was married September 12, 2009, but my GC says "Resident Since" December 1, 2009. Ninety days prior to 3 years of continuous residence for me will be September 2, 2013. Based only on the continuous residence criterion, I would be eligible to apply for naturalization on that date, but I will not have been married 3 years at that point, so I will have to wait the extra few days until September 13, 2013, my third wedding anniversary, to file for naturalization.

Most people who enter on K-1s have, historically, had a "Resident Since" date on their GC substantially more than 3 months after their wedding date. That makes their "90 days short of 3 years of continuous residence" date fall after their 3rd wedding anniversary, so historically, the distinction hasn't mattered. But there is a growing class of relatively recent K-1 entrants, myself among them, whose date of eligibility for naturalization is affected by the date of their third wedding anniversary, and not only the date of the third anniversary of their US residence.

Do you see what I'm saying?

Edited June 2, 2010 by HeatDeath

[Chantel 0]

thanks HeatDeath, you clarified that out, so I would send my application by July for the removal and Naturalization by August or so to come up with the 90 days range

[Chantel 0]

Is it the best option out there that I wouldn't include my son's removal application because his GC will expire 2011 by October, since I'll be sending my naturalization before his GC expire is it automatic that he will included in my naturalization process? I just wanna save money, thanks again

[HeatDeath 430]

thanks HeatDeath, you clarified that out, so I would send my application by July for the removal and Naturalization by August or so to come up with the 90 days range

Removal of Conditions - 90 days before TWO years after "Resident Since" date on green card.

Naturalization - the latter of:

A ) 90 days before

THREE

years after "Resident Since" date on green card, or

B ) your

third

wedding

anniversary.

Just to clarify.