Citizenship 3 year rule when does it start for a K1

[dwheels76 5,468]

kay getting alot of questions on this and thought I would ask out loud. Here's this situation.

You have come over on a K1 lets say July 1, 2012. you get married in the 90 days and you file AOS whenever.

Because of all the delays at service centers lately some are waiting 9 to 12 months for AOS (Adjustment of Status) approval.

1. So the green card/LPR clock doesn't start ticking until that green card is approved correct?
2. So its been a year since you have been here you are waiting for AOS approval none of this time counts towards the 3 year?
3. For citizenship its 3 years married to a citizen and being a LPR for 3 years correct?

Hope this makes since. I mean i see that some k1's will get green cards goodness over a year after they get here. And its taking a year to get the green card so that's 2 years. But the 3 year clock is that date on green card and that's when you were approved. Correct?

Hope this makes sense. Thanks

[NikLR 13,227]

*** moved to citizenship discussion from IR1/CR1 process and procedure ***

[VanessaTony 3,567]

1. Correct

2. Correct

3. Correct.

Everything is based on the "resident since" date on your GC. And you're not a resident until the GC is approved. I've been here since Sept 2009, married Nov 2009, and filed AOS in April 2010. My "resident since" date is July 2010. So everything I do is based on that July 2010 date.

[dwheels76 5,468]

1. Correct

2. Correct

3. Correct.

Everything is based on the "resident since" date on your GC. And you're not a resident until the GC is approved. I've been here since Sept 2009, married Nov 2009, and filed AOS in April 2010. My "resident since" date is July 2010. So everything I do is based on that July 2010 date.

OMG i got 3 correct. What do I win. LOL

Thank you VanessaTony. I thought so but wasn't sure goodness well thank you very much.

[VanessaTony 3,567]

OMG i got 3 correct. What do I win. LOL

Thank you VanessaTony. I thought so but wasn't sure goodness well thank you very much.

Haha no problem. I don't really think it's fair. Back when I filed the wait time was 3 months and now it's MUCH longer. I feel like it should be back-dated to when you filed or biometrics or something. It's the only part of the process you control - the sending. ROC was a lot more laid back because the "resident since" date was already established. You already had status.

[pushbrk 12,895]

kay getting alot of questions on this and thought I would ask out loud. Here's this situation.

You have come over on a K1 lets say July 1, 2012. you get married in the 90 days and you file AOS whenever.

Because of all the delays at service centers lately some are waiting 9 to 12 months for AOS (Adjustment of Status) approval.

1. So the green card/LPR clock doesn't start ticking until that green card is approved correct?
2. So its been a year since you have been here you are waiting for AOS approval none of this time counts towards the 3 year?
3. For citizenship its 3 years married to a citizen and being a LPR for 3 years correct?

Hope this makes since. I mean i see that some k1's will get green cards goodness over a year after they get here. And its taking a year to get the green card so that's 2 years. But the 3 year clock is that date on green card and that's when you were approved. Correct?

Hope this makes sense. Thanks

3 is incorrectly stated. When LPR status is granted based on marriage to a US Citizen, (You could be married any length of time when residence status is granted.) the soonest an LPR is eligible to Naturalize is three years from the issue date on the first green card.

That is one of several conditions. For example, if you at any time leave the USA for more than six months (with a few exceptions) your three or five year clock starts over. You must also have 1095 days in the USA, so every day you're outside the USA counts against the three years.

Edited July 7, 2013 by pushbrk

[Darnell 8,478]

ya, the way I regurgitate it, is:

1. find the first green card issued.

2. study the first green card issued.

3. find the first date on the first green card and then

4. do some calendar math.