Citizenship eligiblity

[dcl766 0]

I have read the pinned FAQ's, etc but I just want to be clear.

My wife (K-1) and I were married on 11/20/04. She received her 2 year permanent resident card on 10/26/2005. We will apply for removal of conditions in July 2007.

So does this mean we can apply for citizenship for her anytime after 11/20/07 (3 years married) regardless of whether we have received approval on the pending I-751??

Her daughter (K-2) is age 15 now and will be 18 on July 14, 2009. She received her 2 year green card on 09/25/06 but arrived in the USA on 09/17/2004. SHe will apply for removal of conditions in June 2008. She will then be able to apply for citizenship anytime after 09/17/04?? (18 years old and in the US for 5 years)

Thanks! Dave

[Kez/JWolf 6]

You can not apply for Citizenship until you have had your greencard for three years... regardless of how long you have been married... if your wife got her greencard on 10/26/05 then she is eligable for Citizenship 10/26/08.. she can file the paperwork 90 days before that date..

Kez

[dcl766 0]

You can not apply for Citizenship until you have had your greencard for three years... regardless of how long you have been married... if your wife got her greencard on 10/26/05 then she is eligable for Citizenship 10/26/08.. she can file the paperwork 90 days before that date..

Kez

Thanks Kez! Do you know why it doesn't mention the 3 year green card rule on the USCIS page?? (only the 3 year marriage rule): http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Family Members of U.S. Citizens

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

[lucyrich 20]

Thanks Kez! Do you know why it doesn't mention the 3 year green card rule on the USCIS page?? (only the 3 year marriage rule): http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Family Members of U.S. Citizens

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The USCIS Guide To Naturalization (page 18) is also very clear on the matter, and is easier to read than the text of the law. You must be BOTH married to a US Citizen AND a lawful permanent resident for the three years preceeding filing your application.

[diadromous mermaid 36]

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The text of the quote is graphically clear! Nothing implied, nothing subject to interpretation, nothing keyed to the word "residing" either

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

Edited February 24, 2007 by diadromous mermaid

[dcl766 0]

Thanks for all the replies! I must say Kez was right....I went to the actual application and right in the first paragraph it does say that you have to be a permanent resident and married for 3 years before applying for citizenship.

Oh well, what's another year in this wonderful process!!

[Niels Bohr 72]

Kez,

Being a US Citizen or Permanent Resident have similar privaleges. I have to tell you that I was a Permanent Resident for 22 years before I filed for Naturalization. I didn't have problems whether I need to be a US Citizen or Permanent Resident. Naturalization just gives you precedence, and higher standards to follow. However, I didn't experience myself being treated differently at all compared to regular citizens. And, I'm Cambodian. Different skin color, and everything. Yet, they treat me as I am a US Citizen. Weird.

[riblet 0]

How about being able to vote, not having to notify USCIS about changes of address, or renewing your green card just to name a few. People might treat you like a citizen, but there are definitely still benefits to really being one.

Kez,

Being a US Citizen or Permanent Resident have similar privaleges. I have to tell you that I was a Permanent Resident for 22 years before I filed for Naturalization. I didn't have problems whether I need to be a US Citizen or Permanent Resident. Naturalization just gives you precedence, and higher standards to follow. However, I didn't experience myself being treated differently at all compared to regular citizens. And, I'm Cambodian. Different skin color, and everything. Yet, they treat me as I am a US Citizen. Weird.

[Kez/JWolf 6]

Kez,

Being a US Citizen or Permanent Resident have similar privaleges. I have to tell you that I was a Permanent Resident for 22 years before I filed for Naturalization. I didn't have problems whether I need to be a US Citizen or Permanent Resident. Naturalization just gives you precedence, and higher standards to follow. However, I didn't experience myself being treated differently at all compared to regular citizens. And, I'm Cambodian. Different skin color, and everything. Yet, they treat me as I am a US Citizen. Weird.

Being a Citizen and being treated like a Citizen are two diffrent things....

I am treated like a citizen, I live and work in the USA, I pay my Taxes in the USA, I drive a car, I own a house, pay medical insurance, take part in my community BUT I could be asked to leave or denied entry back into the USA at the whim of the Government or some CBP Officer...

If I am a Citizen then I can still do all of the above and I can Vote, work in jobs that are only for Citizens, Never have to deal with USCIS and come and go without fear that one day I will be denied...

You say that "Naturalization just gives you precedence, and higher standards to follow." I dont see how being a citizen will give me any higher standers to follow than the standards that I have set for myself...

If you wish to stay a Permanent Resident forever then thats fine... I would rather not have to go through the hassle of having to file every 10 years for a new Greencard, having new biometrics done every time paying USCIS more and more money as the fees increase.. I have a new life ahead of me and that life is in America, I feel it is part of my duty to embrace my new home and become a full citizen and take on the responsibilities that come with that...

Kez

Edited February 25, 2007 by Niagaenola

[Niels Bohr 72]

Being a Citizen and being treated like a Citizen are two diffrent things....

You say that "Naturalization just gives you precedence, and higher standards to follow." I dont see how being a citizen will give me any higher standers to follow than the standards that I have set for myself...

Many college scholarships gives you precedence if you're a US Citizen, if you don't already know. You haven't experienced applying to colleges as a Permanent Resident, have you? And, I hope that you understand that I know the difference being a Citizen, and treated as a Citizen! I was kind of offended for you to quote me with that assumption.

Edited February 25, 2007 by consolemaster

[Kez/JWolf 6]

I am sorry if my reply offended you.... as I already have my Masters I dont think I will need to apply to any colleges... being a Citizen is more than college and scholarships... it is a life long commitment to your new country...

Kez

[lucyrich 20]

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The text of the quote is graphically clear! Nothing implied, nothing subject to interpretation, nothing keyed to the word "residing" either

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

A person could be a lawful permanent resident who has resided continuously in the US for over three years, but still not meet the requirements. Imagine the following hypothetical

Jun 1, 1999: Got married to a USC

Jan 1, 2000: moved to the US (say, on a K-3) to live here permanently, sharing residence with USC spouse

Jun 1, 2000: AOS approved, got LPR status (but did not change residence -- still resides in the same apartment with same USC spouse)

Now, on Jan 1, 2003, that person is a lawful permanent resident. That person has completed three years of residing in the US, by the ordinary definition of "residing". That person has completed three years married to and living together in valid maritial union with a USC spouse. By a casual informal reading, they seem to fit the requirements of "...certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:...".

But in naturalization context, "continuous residence" means "continuous residence with LPR status the whole time". That's clear if you read the law or if you read the USCIS Guide to Naturalization. The hypothetical person meets the continuous residence requirement only after being a LPR for three years.

[diadromous mermaid 36]

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The text of the quote is graphically clear! Nothing implied, nothing subject to interpretation, nothing keyed to the word "residing" either

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

A person could be a lawful permanent resident who has resided continuously in the US for over three years, but still not meet the requirements. Imagine the following hypothetical

Jun 1, 1999: Got married to a USC

Jan 1, 2000: moved to the US (say, on a K-3) to live here permanently, sharing residence with USC spouse

Jun 1, 2000: AOS approved, got LPR status (but did not change residence -- still resides in the same apartment with same USC spouse)

Now, on Jan 1, 2003, that person is a lawful permanent resident. That person has completed three years of residing in the US, by the ordinary definition of "residing". That person has completed three years married to and living together in valid maritial union with a USC spouse. By a casual informal reading, they seem to fit the requirements of "...certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:...".

But in naturalization context, "continuous residence" means "continuous residence with LPR status the whole time". That's clear if you read the law or if you read the USCIS Guide to Naturalization. The hypothetical person meets the continuous residence requirement only after being a LPR for three years.

A hazard of taking something out of context or referencing only part of a citation....

The text claimed...

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

Prior to AOS being approved, would you say a K3 applicant is already a legal permanent resident by definition?

[lucyrich 20]

The text claimed...

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

Prior to AOS being approved, would you say a K3 applicant is already a legal permanent resident by definition?

Of course someone is not a legal permanent resident before AOS is approved. I hope I didn't imply otherwise. But a person certainly may reside in the US before AOS is approved, at least if you interpret the word "reside" in its ordinary English dictionary sense.

The point is, the quoted text only says you must be a lawful permanent resident at the time of filing for citizenship. It says nothing whatsoever about how long you must have held that LPR status. I think we agree that the law and the guide to naturalization both say the LPR status must have been held for three years, but I don't see that requirement expressed anywhere in the quoted text, unless I re-interpret the meaning of "residing continuously" to mean something like "residing continuously with LPR status". I'm just pointing out that the quoted informal description doesn't precisely say how long a person must have held LPR status.

[Boiler 45,519]

Actually you ae held to lower standards if you are a USC, a whole raft of issues that can get you deported disappear.

Purely practical from my perspective. Benefits outweigh negatives by some margin.