Can I apply for US Citizenship now?

[leroi 0]

Hello, I entered the US with a K1 visa, got married with a US citizen, and lived happily married for 3 years and then we decided to get a divorce for personal reasons. So here are the facts:

Entered the US on November of 2006, got married within 90 days, got my Conditional resident card on 06.07.07 and then got the conditions removed two years later (2009).

Because we're not married anymore, it seems that I can't get my Citizenship based on the three year rule. Instead I've read that I have to wait for 5 years of being a permanent resident. Does being a permanent resident include the time that I was a conditional resident? To be more clear, am I good to apply for citizenship now? Or do I have to wait 5 years from when I got the conditions removed?

Any advice would be highly appreciated.

Thanks.

[Bobby+Umit 161]

The time is based from when you were married. (as an LPR) (when your AOS was approved that is)

So you would have to wait the 5 years from that date your first green card was approved. (not being married now triggered that).

So get married to USC, get AOS approved - clock starts ticking for 3 years - become USC.

if you get divorced prior to the 3 years (and USC) you will have to wait another 2 years to become an USC.

hope i didn't confuse anyone.

Edited October 18, 2011 by Bobby+Umit

[Harsh_77 718]

Yep you are in 5 year now

[Brother Hesekiel 2,236]

Look at the front of your Green Card, any of your Green Cards, where it says: RESIDENT SINCE xx/xx/2007.

Add 5 years to this date as that's as early as you can become a U.S. citizen.

Up to 90 days before that date USCIS can receive your application, but I would suggest you wait at least a week or so longer.

[nwctzn 55]

Hello, I entered the US with a K1 visa, got married with a US citizen, and lived happily married for 3 years and then we decided to get a divorce for personal reasons. So here are the facts:

Entered the US on November of 2006, got married within 90 days, got my Conditional resident card on 06.07.07 and then got the conditions removed two years later (2009).

Because we're not married anymore, it seems that I can't get my Citizenship based on the three year rule. Instead I've read that I have to wait for 5 years of being a permanent resident. Does being a permanent resident include the time that I was a conditional resident? To be more clear, am I good to apply for citizenship now? Or do I have to wait 5 years from when I got the conditions removed?

Any advice would be highly appreciated.

Thanks.

The effective date is when you became a legal permanent resident; i.e, the date as indicated on your greencard as "Resident Since"

Take that date and add 5 years. Then subtract 90 days. Be careful, it is 90 days and NOT 3 months!!! This is the date you can apply for citizenship. Best of luck!

[Jessica24 3]

Since you have been divorced now, you cannot apply on your conditional resident status. The 5 yr waiting period applies to you and you have to wait till that. Do not file it earlier than 90days of the 5th year anniversary, as it will lead to the rejection of your citizenship application. If you are planning to marry an USC again, then it may change the situation. Good Luck with the process. Keep us informed of your developments.