5-year rule of applying citizenship

[hopezen 0]

My friend asked me this question since I just became citizen last year. However, I am not sure about the answer so I post the question here and hope to get some advice. Here is my freind's question.

My firend came to USA with her mother on K visa as a child, and got green card with her mother when her mother got married. I know there are two year conditional period for green card through marriage. I was wondering when her 5-year starting to count, from the day she got her green card or the day of removal of condition.

Thanks

[engineer21 51]

My friend asked me this question since I just became citizen last year. However, I am not sure about the answer so I post the question here and hope to get some advice. Here is my freind's question.

My firend came to USA with her mother on K visa as a child, and got green card with her mother when her mother got married. I know there are two year conditional period for green card through marriage. I was wondering when her 5-year starting to count, from the day she got her green card or the day of removal of condition.

Thanks

From the day she got her green card. The time of conditional residency counts towards total time as resident.

[RICARDO4EVA2 194]

From the day she got her green card. The time of conditional residency counts towards total time as resident.

IF, only if - Your friend is STILL married to a US Citizn then she can - after 3 yars of having the green card apply for Natralization based on the relationship and any child under 21 will be a usc as well. If there is no no marriage then they can apply for natralization 3 MONTHS before the "5 year" mark starting from the PRINTED DATE ON THE I-551 (GREEN CARD)

[payxibka 10,045]

not a K-1 fiance(e) visa general discussion topic... moving this thread to Citizenship forum

[Darnell 8,478]

The child might qualify for immediate citizenship, as well - might want to look into that, via the USC Spouse.

[Gary and Alla 3,694]

My friend asked me this question since I just became citizen last year. However, I am not sure about the answer so I post the question here and hope to get some advice. Here is my freind's question.

My firend came to USA with her mother on K visa as a child, and got green card with her mother when her mother got married. I know there are two year conditional period for green card through marriage. I was wondering when her 5-year starting to count, from the day she got her green card or the day of removal of condition.

Thanks

The rule for family based visas is 3 years, not five years. It starts from the date the first green card was issued and is provided the petitioner and beneficiary are still married and the green card holder has not been out of the US for more than 12 months at any time. If they have been the 3 year clock starts over from -0- when they return.

[payxibka 10,045]

The rule for family based visas is 3 years, not five years. It starts from the date the first green card was issued and is provided the petitioner and beneficiary are still married and the green card holder has not been out of the US for more than 12 months at any time. If they have been the 3 year clock starts over from -0- when they return.

be careful, sometimes a stay of more than 6 mos but less than 12 can also impact a person's citizenship eligibility...

[hopezen 0]

Thanks everyone for replying.

My friend's mother is still married to the USC. If I understand the posts above correctly, my friend's mother can apply citizenship three years after she got green card. It looks like my friend has to apply citizenship based on 5-year rule since she is already more than 21 years old.

Edited July 27, 2010 by hopezen

[aleful 1,905]

Thanks everyone for replying.

My friend's mother is still married to the USC. If I understand the posts above correctly, my friend's mother can apply citizenship three years after she got green card. It looks like my friend has to apply citizenship based on 5-year rule since she is already more than 21 years old.

correct.

[NickD 203]

IF, only if - Your friend is STILL married to a US Citizn then she can - after 3 yars of having the green card apply for Natralization based on the relationship and any child under 21 will be a usc as well. If there is no no marriage then they can apply for natralization 3 MONTHS before the "5 year" mark starting from the PRINTED DATE ON THE I-551 (GREEN CARD)

Better change that 21 to under 18 years of age for that child if that child is going to tailgate her mom if the mom applies for US citizenship. Step daughter would have been eligible if she received her conditional green card in a timely manner, but the USCIS was very slow in processing back then.

Thought I read that eligible kid/s have to attend the oath ceremony with their parent, but never learned if they also received a certificate as well. Just something I did not have to get involved with as the daughter was over 18 and has to wait the full five years from the date her conditional green card was issued.