Quick question....

[metsphan23 2]

Hey guys. Hope all is well. I wanted to ask a quick question. My wife got her conditions removed back in the spring. When she can apply for citizenship?

[Sekhvaruli 74]

Whenever her first conditional green card turns 3 years, and your marriage too. Technically, 3 months prior to that date.

Edited October 31, 2015 by Sekhvaruli

[heo luoi 206]

What does this mean 'and your marriage too'? The green card date / marriage date would be mutually exclusive no?

Whenever her first conditional green card turns 3 years, and your marriage too. Technically, 3 months prior to that date.

[Sekhvaruli 74]

Let's say, her green card was issued 3 years ago, but you only got married 2,5 years ago(which is not technically possible in the case, when GC is obtained through marriage). Then she is not eligible for applying yet.

On the other hand, if you have already celebrated 3 years anniversary, but the green card has not, she is not eligible for citizenship either. That happens frequently - when people come to the US, being already married to USCs.

To put it briefly, both your GC and marriage have to be 3 years old, and you can apply 3 months prior to that date.

Edited October 31, 2015 by Sekhvaruli

[Elf 146]

To be eligible for naturalization after three years on the basis of marriage to a USC, the LPR must

• Have been a permanent resident for at least 3 years and
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen throughout the entire period, during the 3 years immediately preceding the date of filing and up until examination on the application

So, someone who got their green card through employment then later married a USC would not be eligible to file for naturalization on the third anniversary of their green card, but would have to wait until the earlier of the fifth anniversary of their green card or their third wedding anniversary.

In your case, your wife would have received the green card after marrying a USC, so she will be eligible to file 90 days before the third anniversary of her original GC. See the USCIS early filing calculator for an exact date.

Edited October 31, 2015 by Elf