Should I apply for the removal of conditions for my green card or for US citizenship?

[Anonymous Guy 3]

So in January 2014 my conditional, 2-year green card will expire which my wife sponsored for. But in March 2014, we will be celebrating three years of our marriage. Should I be applying for the removal of conditions or for US citizenship directly? Do I need to hold a green card for three years or have to be married to my US citizen spouse for three years with two years of green card? Please kindly help.

Thank you so much!

[TommyF 3]

I would apply to remove the conditional resident first. If I understand correctly you have a CR1 case permanent resident card good for 2 years in order to apply for citizen you need to live with american spouse for 3 years ( as permanent resident) its not the date of your marriage that counts its actually living together and you need to have a status, they recommend that you apply 3 month ahead of your CR expiry date which is Jan as you said ? enlighten me if I'm wrong or missing something

[florida4life 29]

He can apply 3 years of becoming a lawfully permanent resident. So your 3rd anniversary of your LPR status.

[newacct 688]

It's not an either or -- you apply for both. You must apply for removal of conditions in the 90 days before the 2 year card expires, regardless of anything else. When it hits 3 years since you got a green card (minus 90 days), you may apply for naturalization. Note: it has nothing to do with 3 years of marriage -- it is 3 years since you got a green card.

[missicy 87]

It has a lot to do with 3 years of marriage. You have to be married to USC spouse for at least 3 years AND you have to be LPR for 3 years (minus 90 days).

You have to remove conditions before you can naturalize - you can't just skip ROC.

[Navyk 78]

So in January 2014 my conditional, 2-year green card will expire which my wife sponsored for. But in March 2014, we will be celebrating three years of our marriage. Should I be applying for the removal of conditions or for US citizenship directly? Do I need to hold a green card for three years or have to be married to my US citizen spouse for three years with two years of green card? Please kindly help.

Thank you so much!

You are eligible only to apply for ROC (I-751) 90 days before the expire date on your GC. For citizenship it is 3 years of GC, which will happen sometime in Jan 2015 (can apply 90 days prior - Oct 2014). Your celebration of 3 years marriage is not relevant here.

Edited September 13, 2013 by Navyk

[missicy 87]

3 years of marriage IS relevant. You have to fullfil both requirements (3 years of being LPR and 3 years of marriage to USC) when applying based on 3-year rule.

[Navyk 78]

3 years of marriage IS relevant. You have to fullfil both requirements (3 years of being LPR and 3 years of marriage to USC) when applying based on 3-year rule.

In his case it is not relevant, as his 3 years marriage to USC is happening prior to the 3 years of permanent residence in US. In his case it is the 3 years of permanent residency in US is relevant.

[BigDaddy28 228]

So in January 2014 my conditional, 2-year green card will expire which my wife sponsored for. But in March 2014, we will be celebrating three years of our marriage. Should I be applying for the removal of conditions or for US citizenship directly? Do I need to hold a green card for three years or have to be married to my US citizen spouse for three years with two years of green card? Please kindly help.

Thank you so much!

Actually you will have to be a resident for three years. Marriage doesn't establish that period, however when you get your green card that's when you are a resident. Even though you lived on Visa before for example. So you have to wait 3 years minus 90 days to apply for citizenship. You still have to apply for removal of conditions so you don't loose your status. If you don't your green card will be revoked and you will be put on removal. So apply for ROC and get your unconditional green card, and then apply for citizenship. Good luck.

[KayDeeCee 4,895]

So in January 2014 my conditional, 2-year green card will expire which my wife sponsored for. But in March 2014, we will be celebrating three years of our marriage. Should I be applying for the removal of conditions or for US citizenship directly? Do I need to hold a green card for three years or have to be married to my US citizen spouse for three years with two years of green card? Please kindly help.

Thank you so much!

You have to file for ROC > http://www.visajourney.com/content/751guide

You are not eligible to apply for naturalization until you have been a permanent resident for 3 years and remained married to your petitioner/sponsor for that entire time > http://www.visajourney.com/content/naturalization_requirements

[Nimaan 27]

So in January 2014 my conditional, 2-year green card will expire which my wife sponsored for. But in March 2014, we will be celebrating three years of our marriage. Should I be applying for the removal of conditions or for US citizenship directly? Do I need to hold a green card for three years or have to be married to my US citizen spouse for three years with two years of green card? Please kindly help.

Thank you so much!

Anonymous Guy:

You have to file for ROC around between Oct 2013 -Jan 2014. Definitely before the expiration date on the green card.

You will be eligible to file for citizenship around October 2014.

Here's the calculator for you to put the dates so you can get the exact date to file:

http://www.uscis.gov/dateCalculator.html

Edited September 15, 2013 by Nimaan

[Darnell 8,479]

oh the wonderful marriage clock.

so - pull out your first green card. study the earliest date there.

it's 3 years from that first date (minus 90 days)

when you are still married to that human that signed the I-864

for

when to apply

based on marriage to a USA citizen.

--

it's not, repeat NOT, the amount of time being married to a USCitizen that counts, here.

it's the amount o time from first green card issuance.

Sorry. Do the RoC, get busy..