When can I file?

[hope.andsun 7]

Hi everyone!

How are you?

I'm sure this has been posted here before, but I am too lazy to go back and look for it.

I entered the US July of 2011 via a K1 fiance visa. I got married September 2011.

I had a 2 years green card from Feb 2012-2014. I am currently a 10 year Green Card holder since Feb. 2014.

My question is, when can I apply for citizenship? I understand that the rule is that we should have been together for 3 years. It's going to be 3 years this September. Or I should count from the time they gave me permanent residency (green card).

Thanks for anyone who has the patience to answer my question as I'm pretty sure it's been asked a thousand times before.

Have a good day!

[AudreyND 14]

Well, i kind of feel to lazy to reply? You know it would have been faster to actually search for your answer, rather than type all that?

http://www.visajourney.com/forums/topic/311-general-info-on-naturalization/

[2ndMessiah 184]

You became an LPR in FEB 2012. So three years on from that is Feb 2015. You can file file 90 days prior to that.

[Dave&Roza 748]

Hi everyone!

How are you?

I'm sure this has been posted here before, but I am too lazy to go back and look for it.

I entered the US July of 2011 via a K1 fiance visa. I got married September 2011.

I had a 2 years green card from Feb 2012-2014. I am currently a 10 year Green Card holder since Feb. 2014.

My question is, when can I apply for citizenship? I understand that the rule is that we should have been together for 3 years. It's going to be 3 years this September. Or I should count from the time they gave me permanent residency (green card).

Thanks for anyone who has the patience to answer my question as I'm pretty sure it's been asked a thousand times before.

Have a good day!

Really depends on your situation. There are a lot if conditions you must meet before being able to file for USC. First, you must be married to a USC for three (3) years. Second, that USC has to have been a USC for at least the past three (3) years. Third, you must be a LPR for at least the past three (3) years. Forth, you cannot have any trips outside the US that lasted more than 6 months. Fifth, you must have been a resident in the US for at least 18 of the past 36 months. Sixth, you must be a resident of the USCIS jurisdiction where you will file for the past 3 months. All of this can be found here. I highly recommend you read through it.

Good luck,

Dave

[JimmyHou 611]

Really depends on your situation. There are a lot if conditions you must meet before being able to file for USC. First, you must be married to a USC for three (3) years. Second, that USC has to have been a USC for at least the past three (3) years. Third, you must be a LPR for at least the past three (3) years. Forth, you cannot have any trips outside the US that lasted more than 6 months. Fifth, you must have been a resident in the US for at least 18 of the past 36 months. Sixth, you must be a resident of the USCIS jurisdiction where you will file for the past 3 months. All of this can be found here. I highly recommend you read through it.

Good luck,

Dave

Great information, but I just have one correction… you can have trips of longer than 6 months outside the US and still be eligible for nationalization, but it will complicate the process.

Here’s what USCIS says:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

Absence of More than Six Months (but Less than One Year)

An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the ​continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ ^[10]

​

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

​

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​^[11]

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·The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

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·The applicant’s immediate family remained in the United States.​

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·The applicant retained full access to his or her ​United States​ abode.​