LPR/ When can I apply for Citizenship?

[CowboySweetheart 5]

Hello Everyone,

I hope I am posting in the right forum.My son and I got our 10 year green card approved in April 2012. Can anybody tell me when can we apply for Naturalization? We have been here in the US since June 2009. Married my husband on August 2009. Hope this helps a little in giving you an idea about our status. Thank you all very much!

Have a nice day and God bless you all!

Cami

[srey 12]

5 years after the date posted ("resident since") on your GC.

[Dave&Roza 748]

Hello Everyone,

I hope I am posting in the right forum.My son and I got our 10 year green card approved in April 2012. Can anybody tell me when can we apply for Naturalization? We have been here in the US since June 2009. Married my husband on August 2009. Hope this helps a little in giving you an idea about our status. Thank you all very much!

Have a nice day and God bless you all!

Cami

Please go to this website and take a look at the requirements. SInce you are married to a USC, you can get it based on three years of marriage AND three years as a LPR. You need to look at your 10 year GC and find where it states resident since and the date. You can file for naturalization 90 days before the third year since becoming a LPR. Being in the US since June 2009 is not the important date. The important date is when did you receive LPR status and that is on the GC and that will be when you can file for naturaliztion based on marriage to a USC.

Good luck,

Dave

[ANC_____007 4]

SREY, with all due respect that is not true for all Green card holders.

Camidustyb. please provide more information. please tell us how old is your son.

this is directly from USCIS.gov : For at least 3 years during which time you have been, and

continue to be, married to and living in a marriage relationship

with your U.S. citizen spouse; ( basically saying that after 3 years you can apply for your citizenship if you are married to a US citizen )

I really don't like when people give out wrong information here, i really hope that you guys check your facts before giving advice to someone else.

[CowboySweetheart 5]

SREY, with all due respect that is not true for all Green card holders.

Camidustyb. please provide more information. please tell us how old is your son.

this is directly from USCIS.gov : For at least 3 years during which time you have been, and

continue to be, married to and living in a marriage relationship

with your U.S. citizen spouse; ( basically saying that after 3 years you can apply for your citizenship if you are married to a US citizen )

I really don't like when people give out wrong information here, i really hope that you guys check your facts before giving advice to someone else.

Thank you all very much for taking the time to answer! My son is 11 years old,my husband and I have been married since August2009, LPR since April 2012.

Appreciate everyone's time! Thank you!

Cami

[Dave&Roza 748]

Thank you all very much for taking the time to answer! My son is 11 years old,my husband and I have been married since August2009, LPR since April 2012.

Appreciate everyone's time! Thank you!

Cami

So you can file some time in January 2015. Just remember to count backwards 90 days from the resident since date in April on your GC and do not file before that date.

Dave

Edited December 13, 2012 by Dave&Roza

[Just2Wise 0]

You can apply for citizenship 3 years after the date that says "Resident Since" but only if you have been living with and continue to be married to the spouse who filed for you in the first place. If you get divorced before the 3 years you will have to wait until five years after the date that says "Resident Since".

Hello Everyone,

I hope I am posting in the right forum.My son and I got our 10 year green card approved in April 2012. Can anybody tell me when can we apply for Naturalization? We have been here in the US since June 2009. Married my husband on August 2009. Hope this helps a little in giving you an idea about our status. Thank you all very much!

Have a nice day and God bless you all!

Cami

[VanessaTony 3,567]

You filed I-485 after 2 years of marriage. What is the expiration date on your card? Did you also file an I-130?

If you did not file an I-130, then the date on your GC is wrong. As you AOS'd from a K1 you MUST get a 2 year gc first, unless you also file an I-130. You need to get this fixed because the last time I saw this happen, there were major issues because the person tried to file for citizenship after 3 years but couldn't because they'd never filed for ROC, but they couldn't file ROC because their card was coded wrong to get the 10 year card (incorrectly). It was a huge mess. I don't know what ended up happening... not sure they came back.

If you didn't send an i-130, I suggest you make an infopass about your card being dated wrong and get it fixed.

See this link here: http://www.visajourney.com/forums/topic/260848-denied-at-interview/page__view__findpost__p__4040924 (you will see in this thread is where I learnt about the 2 year needing I-130 thing).

Edited December 14, 2012 by Vanessa&Tony

[Dave&Roza 748]

Hello Everyone,

I hope I am posting in the right forum.My son and I got our 10 year green card approved in April 2012. Can anybody tell me when can we apply for Naturalization? We have been here in the US since June 2009. Married my husband on August 2009. Hope this helps a little in giving you an idea about our status. Thank you all very much!

Have a nice day and God bless you all!

Cami

Married in 08/15/2009, applied for AOS (2-year GC) 11/19/2011? Received 10 year GC 04/18/2012. Yet you have not filed for ROC, but you received a GC based on the marriage being over 2 years--did you file the I-130 with the AOS? I think this is a mistake and you should make an INFOPASS appointment ASAP to get the dates on the GC correct. This is one of those issues that can come back and bite you in the future if not verified.

Dave

Edited December 14, 2012 by Dave&Roza

[Okalian 41]

Married in 08/15/2009, applied for AOS (2-year GC) 11/19/2011? Received 10 year GC 04/18/2012. Yet you have not filed for ROC, but you received a GC based on the marriage being over 2 years--did you file the I-130 with the AOS? I think this is a mistake and you should make an INFOPASS appointment ASAP to get the dates on the GC correct. This is one of those issues that can come back and bite you in the future if not verified.

Dave

It's not a mistake. If she was married for more than 2 years at the time of becoming a permanent resident, he'll be given a 10-year greencard without the need of getting a conditional greencard first.

[Dave&Roza 748]

It's not a mistake. If she was married for more than 2 years at the time of becoming a permanent resident, he'll be given a 10-year greencard without the need of getting a conditional greencard first.

As Vanessa points out it is a mistake if they did not file the I-130 form. A K-1 visa holder cannot get a 10 year GC, but must receive a 2 year conditional GC because they expect you to file AOS soon after marriage and not wait 2 years. This is one of those grey areas that has been debated on VJ many, many, many times. It is such an important issue that I think the OP needs to make an INFOPASS apointment ASAP and discuss this with the powers that be--i.e. the USCIS. We can give our opinions all day long, but in the end when the OP goes for USC and cannot because of this error then it will be a long process with the possibility of deportation. I would err on the side of caution and get this cleared up as you say if married for more than 2 years you get a 10 year GC, but the K-1 visa holder is not allowed to skip the ROC step. Take a look at the link Vanessa gave as it shows just how a royal PITA this can be.

Dave

Edited December 14, 2012 by Dave&Roza

[VanessaTony 3,567]

It's not a mistake. If she was married for more than 2 years at the time of becoming a permanent resident, he'll be given a 10-year greencard without the need of getting a conditional greencard first.

As Dave said, not for a K1. Please read the link I posted which links the law this relates to. It is a mistake unless they also filed an I-130 and could come back and bite her in 2-3 years time. They could revoke her residency for failure to file ROC, they could deny her citizenship for failure to ROC and then revoke her residency as her citizenship pointed out the mistake.

Again, if she filed an I-130, then it's fine. If she didn't, she MUST make an infopass appointment and get it corrected. It should be a 2 year card as she AOS'd from a K1.

[Brother Hesekiel 2,236]

Hello Everyone,

I hope I am posting in the right forum.My son and I got our 10 year green card approved in April 2012. Can anybody tell me when can we apply for Naturalization? We have been here in the US since June 2009. Married my husband on August 2009. Hope this helps a little in giving you an idea about our status. Thank you all very much!

Have a nice day and God bless you all!

Cami

I simply assume that you filed an I-130 with your AoS petition. If not, this will surface when you file your N-400 and cause a denial based on the "nunc pro tunc" (now for then) Doctrin.

If you stay happily married, you can become a US citizen as early as April of 2015. The exact day for this is on your Green Card. You can file up to 90 days before that magic date.

Edited December 15, 2012 by Brother Hesekiel

[Gboree 69]

if she has not file form i130 then an info pass is needed ASAP to determine what needs to be done. Else down the road, she may be in trouble