Citizenship application

[Rightsreserved 1]

Hello Everyone,

It has been a while since I been here. My wife Green card will expire in October of 2014. I am a US Citizen, and was curious to know how far in advance should my wife apply for the Citizenship considering her green card will expire over the next few months. We got married in December of 2011, and this December it will be exactly 3 years. My wife was given a 2 year green card. I hope we don't have to apply for a green card extension for 2 months, and then turn around apply for the N-400 fees... meaning double fees...

Anyways I will appreciate any guidelines and help.

Regards,

[Asia 2,498]

She can apply 3 years after the date of "Resident since" on her green card.

Of course if she meets the conditions.

The windows opens 90 days before that date, not even a day earlier.

And if she doesn't remove conditions of her green card, she would lose her LPR status.

She has to ROC first.

Edited April 6, 2014 by Asia

[BigDaddy28 228]

If your wife has a 2 year green card, she has to apply for removal of conditions within 90 days from the expiration date. When you have 3 years of residency minus 90 days (the resident since date on the green card) then you can apply for citizenship. Oh by the way please remember that you have to be living in the current are of the local office of USCIS for at least 3 months. If you have to move soon or something please do not apply now because you will throw 680 dollars in the drain. Good luck.

[ShirahBet 42]

Here ya go, in July, you fill out the removal of conditions form and submit whatever evidence... http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

Then you have to wait until, as someone already pointed out, three years from the date she became a legal permanent residence. The date you can apply for citizenship has nothing to do with the date of your marriage. There are tons of guides on this site and USCIS to determine when and how to complete this process.

Good luck.

[Rightsreserved 1]

If your wife has a 2 year green card, she has to apply for removal of conditions within 90 days from the expiration date. When you have 3 years of residency minus 90 days (the resident since date on the green card) then you can apply for citizenship. Oh by the way please remember that you have to be living in the current are of the local office of USCIS for at least 3 months. If you have to move soon or something please do not apply now because you will throw 680 dollars in the drain. Good luck.

Hello Silkafi88,

Thanks for the info on the removal of conditions. This means that we would be applying for the removal of conditions N751 and N-400 simultaneously. The green card expires October 2014. In July of this year, I will be sending in two different applications, correct?

We got married in Dec of 2011 , the wife green card was issued in October of 2012 for 2 years.

Thanks in advance

[milimelo 4,481]

Umm, no - she can't apply for citizenship in October 2014! She'd only have 2 yrs of residency - she needs 3 yrs residency (minus 90 days) and 3+ yrs marriage. If she doesn't have both when she applies, her N400 will be denied and fees kept.

Do the I-751 first, a year later she can file for N400.

[missicy 87]

Hello Silkafi88,

Thanks for the info on the removal of conditions. This means that we would be applying for the removal of conditions N751 and N-400 simultaneously. The green card expires October 2014. In July of this year, I will be sending in two different applications, correct?

We got married in Dec of 2011 , the wife green card was issued in October of 2012 for 2 years.

Thanks in advance

No, she has to be a permanent resident (=have a green card) for 3 years (minus 90 days) to be eligible to apply for citizenship. Her 3 year green card anniversary will be in October 2015. She can apply for citizenship in July 2015.

[didopage 337]

It doesn't matter that you got married in Dec 2011, it's 3 years of LPR status + still being married to you that matters.

So that means applying for ROC this year, and for citizenship next year at the earliest. We all have to go that route.... meaning AOS/ROC/citizenship (if wanted) when we arrive with the K-1.

[BigDaddy28 228]

Hello Silkafi88,

Thanks for the info on the removal of conditions. This means that we would be applying for the removal of conditions N751 and N-400 simultaneously. The green card expires October 2014. In July of this year, I will be sending in two different applications, correct?

We got married in Dec of 2011 , the wife green card was issued in October of 2012 for 2 years.

Thanks in advance

No you don't apply for both. you apply for removal of conditions first and after a year from that date same date you apply for citizenship of course when your ROC is approved. If the ROC is not approved a year from the date you applied you can still apply for N400 to push for the ROC. If it's not approved, you can't appky for for N400. most likely it will be approved though in a short time. Good luck.

[Kathryn41 3,205]

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[Jamnan_n_Steve 17]

It is important to keep in mind that the marriage (to the same spouse you adjusted status with) must have celebrated its third anniversary before the 90-day advance filing comes into effect. For us it means waiting only a day but that day saves a voluuntary withdrawal or denial.

Steve