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Filed: K-1 Visa Country: Ukraine
Timeline
Posted

Does anyone know how the 3 year continuous residence applies to immigrants who arrived on a K1 Visa? Does the clock on the 3 years begin upon marriage? arrival date on the K1 visa? or is it strictly based upon when the green card was received after marriage and applying for the 2 year green card?

I've received some conflicting information before, and it does affect what the next step in my wife's immigration process.

Her 2 year green card expires at the end of this September (2015). However, she arrived October 2012, and we were originally married in December 2012.

Can we complete the N400 application and submit based on the 3 years she has been here after the marriage date? I'm guessing the time on K1 prior to marriage does not count toward the 3 years but just wanted to double check.

Thanks!

1/13/12 - I-129F Petition Submitted to Dallas Lockbox

1/18/12 - Received at Vermont Service Center

1/20/12 - NOA1

1/24/12 - Touched

2/09/12 - Touched

8/02/12 - NOA2 (197 Days After Received at VSC)

8/14/12 - Received at NVC (Assigned Case Number)

8/16/12 - Departed from NVC

8/20/12 - Arrived in US Embassy Kiev

8/28/12 - Information Received from Embassy via mail

9/12/12 - Interview (Approved)

9/19/12 - Visa Received via Elin Ltd. (FedEx)

10/05/12 - POE

Posted

Did you read the guide to naturalization M-476 on USCIS.gov?

3 different time matters that need to be met:

1. Being married more than 3 years

2. Being an LPR for 3 years (check your GC, has residence since date - THAT is the date you need)

3. 3 months in the local district - only matters if you moved recently.

ROC 2009
Naturalization 2010

Filed: Country: Monaco
Timeline
Posted (edited)

It's based on the date she became a LPR, which is the date her conditional greencard was issued.

You can check out all the requirements in this link: --> http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/guide-naturalization

Good luck!

Does anyone know how the 3 year continuous residence applies to immigrants who arrived on a K1 Visa? Does the clock on the 3 years begin upon marriage? arrival date on the K1 visa? or is it strictly based upon when the green card was received after marriage and applying for the 2 year green card?

I've received some conflicting information before, and it does affect what the next step in my wife's immigration process.

Her 2 year green card expires at the end of this September (2015). However, she arrived October 2012, and we were originally married in December 2012.

Can we complete the N400 application and submit based on the 3 years she has been here after the marriage date? I'm guessing the time on K1 prior to marriage does not count toward the 3 years but just wanted to double check.

Thanks!

Edited by JohnR!

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www.ffrf.org




Filed: Citizen (apr) Country: Poland
Timeline
Posted

Does anyone know how the 3 year continuous residence applies to immigrants who arrived on a K1 Visa? Does the clock on the 3 years begin upon marriage? arrival date on the K1 visa? or is it strictly based upon when the green card was received after marriage and applying for the 2 year green card?

I've received some conflicting information before, and it does affect what the next step in my wife's immigration process.

Her 2 year green card expires at the end of this September (2015). However, she arrived October 2012, and we were originally married in December 2012.

Can we complete the N400 application and submit based on the 3 years she has been here after the marriage date? I'm guessing the time on K1 prior to marriage does not count toward the 3 years but just wanted to double check.

Thanks!

Time prior to getting green card doesn't really matter. Need to remove condition, year after you will be able to apply for naturalization provided all other conditions are met.

 
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