Removing Conditions vs N-400

[geendee 0]

My wife will be filing to remove conditions sometime in late May, as her conditional card expires in late August 2013. Now we got married on May 5, 2010. Should she be filing to remove conditions, then turning around and filing for her citizenship. She would have qualified for her citizenship as we will celebrate out third anniversary in May 2003. Or should we not apply to remove conditions and go ahead and file the N_400.

Seeking assistance all VJ life savers.

[VanessaTony 3,567]

ROC and Citizenship are based on the "LPR since" date on her GC, not on the date of your marriage. While you need to have been married at least 3 years to have citizenship approved, it's not based on your marriage date for when you actually file.

So yes you file ROC in May 2013. Then you can file for N-400 in May 2014.

[Bernie C 24]

It is not the date of marriage that establishes the date of residency or when you can apply, It is the date on the Green Card received at adjustment of status.

For K-1's if I am not mistaken we have to wait the 5 years. Basically translates to 2 yrs conditional + 3 yrs permanent.

Therefore, yes, you need to remove conditions.

I just mailed our joint I-751 today and it was my belief that we have to wait another 3 years before my wife can apply for Naturlaization.

We are just getting to ROC ourselves so if I am incorrect or out of line don't beat me up just set me straight.

Best Regards,

Bernie

[geendee 0]

ROC and Citizenship are based on the "LPR since" date on her GC, not on the date of your marriage. While you need to have been married at least 3 years to have citizenship approved, it's not based on your marriage date for when you actually file.

So yes you file ROC in May 2013. Then you can file for N-400 in May 2014.

Thanks a million! Vanessa & Tony, please excuse me, still a little confused. I do understand we file for ROC in May 2013, but she was issued her card in August 2011. See while we were married in May 2010, we never actually applied to adjust status until early 2011. So May 2013, is both the time to file ROC as well as our three year anniversary. Kindly excuse me and set me straight

[Martyshk 137]

Geendee,

You apply for ROC 90 days before your GC expiration date.

You apply for Naturalization 90 days before your 3-year GC issue date anniversary.

Also, check out this: http://www.uscis.gov/dateCalculator.html

[Bernie C 24]

See below from Naturization Guide Section here on VJ - you must meet both. Married for 3 years + lawful permanent resident for 3 years.

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Family Members of U.S. Citizens

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

----------------------

Since on a K-1 you apply for AOS after marriage it is all based on permanent resident status date which in your case sounds like late August 2011.

If she received conditional green card dated August 2011 then you can apply for ROC no sooner than 90 days prior to the expiration date.

However she has not been permanent resident for three years until August 2014, ie 3 years from the date on the green card.

A conditional green card obtained through the K-1 process is a two year green card - therefore you must remove conditions prior to being able to apply for naturalization.

"Waiting times" 2 years for removal of conditions, 3 years for naturalization.

It all can be so very confusing.

[VanessaTony 3,567]

Thanks a million! Vanessa & Tony, please excuse me, still a little confused. I do understand we file for ROC in May 2013, but she was issued her card in August 2011. See while we were married in May 2010, we never actually applied to adjust status until early 2011. So May 2013, is both the time to file ROC as well as our three year anniversary. Kindly excuse me and set me straight

As I stated, the timeframe for filing naturalisation (as with ROC) IS NOT based on your marriage date, it's based on the "LPR since" date on your card. She needs to have been an LPR for 3 years (minus 90 days) in order to file for N-400. She needs to have been married to you for at least 3 years to have her N-400 based on the "3 years marriage" rule approved. If you had married and filed asap and your 3 year anniversary had not yet passed when you filed for N-400, you would not be able to naturalise until the 3 year marriage date passed.

Again, based on the LPR since date NOT marriage date.

[AnotherLostSoul 167]

Geendee: if her green card was issued in August 2011 then she could get citizenship in May 2014 as that is THREE years she had the green card. That one year won't make her or break her regarding her citizenship status, just follow what other people have advised you. Apply for ROC, and either get it before filing naturalization in 2014, or if it is still pending then apply for naturalization. That's it, not too complicated. Until then just enjoy living together, no one can read on her forehead that she is not a US citizen...unless she has a heavy accent...but that will not change just because of citizenship status changes... True, there are governmental jobs, and military jobs that require you to be a US citizen, so she cannot get those jobs currently...but most other places, unless medical area and lawyer area, does not going to draw the line just because she is not a citizen...good luck! Enjoy life!

[geendee 0]

Geendee: if her green card was issued in August 2011 then she could get citizenship in May 2014 as that is THREE years she had the green card. That one year won't make her or break her regarding her citizenship status, just follow what other people have advised you. Apply for ROC, and either get it before filing naturalization in 2014, or if it is still pending then apply for naturalization. That's it, not too complicated. Until then just enjoy living together, no one can read on her forehead that she is not a US citizen...unless she has a heavy accent...but that will not change just because of citizenship status changes... True, there are governmental jobs, and military jobs that require you to be a US citizen, so she cannot get those jobs currently...but most other places, unless medical area and lawyer area, does not going to draw the line just because she is not a citizen...good luck! Enjoy life!

Thank you guys so much! I sure do get it now. It was something I was battling with all along. Thanks a million! This site is a true life saver.You guys make it so much easier. THANKS EVERYONE!