Straight to citizenship?

[blackeyedsusan 29]

My husband's 2 year green card will expire in June 2019. We'll be married for 3 years in July 2019. I'm assuming there is no possible way to just go straight to citizenship instead of removing conditions first? Some kind of extension on the 2 year green card or something? I know it's a long shot to ask, but it just kind of stinks to pay for removal of conditions and go through all that, and then turn right around and go through citizenship.

[Crazy Cat 41,848]

1.  File ROC when you are at that point.

2.  File for Naturalization when you are at that point.

 

That is how everyone seems to be doing it.....That's what we plan to do, too, unless other options open up.

 

[Ontarkie 14,221]

Sadly there is no skipping ROC it is a must. 

[blackeyedsusan 29]

19 minutes ago, missileman said:

1.  File ROC when you are at that point.

2.  File for Naturalization when you are at that point.

 

That is how everyone seems to be doing it.....That's what we plan to do, too, unless other options open up.

 

Yes I figured that's what we would have to do. It just annoys me because if they had waited one more month to issue his first green card, maybe we could have just gone straight to citizenship. 

[blackeyedsusan 29]

1 minute ago, Ontarkie said:

Sadly there is no skipping ROC it is a must. 

Thanks. I'm just too anxious to say goodbye to USCIS! It's been a nice little break the last year and not having to worry about forms and case status is so refreshing.

[NovaSprings 89]

You need to be a resident of the US for 3 yrs to file for citizenship not married for 3 yrs. 

[Ontarkie 14,221]

9 minutes ago, blackeyedsusan said:

Thanks. I'm just too anxious to say goodbye to USCIS! It's been a nice little break the last year and not having to worry about forms and case status is so refreshing.

I hear you. It's nice to be done with them. 

[blackeyedsusan 29]

7 minutes ago, NovaSprings said:

You need to be a resident of the US for 3 yrs to file for citizenship not married for 3 yrs. 

He'll be here 3 years in May.

[geowrian 22,337]

One must complete ROC before the N-400 can be approved.

Only way to extend the conditional green card past 2 years is via ROC. Failure to file for ROC technically automatically terminates LPR status (although one is entitled to evidence of status until an IJ makes a decision..as backward as that may sound).

Once eligible, you can file for naturalization even if ROC is still pending. They may adjudicate both at the same time.

[pcke2000 39]

6 minutes ago, blackeyedsusan said:

He'll be here 3 years in May.

3 years after the conditional green card effective date.

[NovaSprings 89]

11 hours ago, pcke2000 said:

3 years after the conditional green card effective date.

Agreed, OP based on your original post, 3 yrs would be June 2020 (you said the GC expires June 2019).  You can complete the N400 90 day prior, so April 2020.  The earliest you can file your ROC is April 2019.   

[Rusty72 68]

12 hours ago, blackeyedsusan said:

He'll be here 3 years in May.

It goes by the resident since: date on the green card not when he arrived

[dhman06 4]

Doesn't matter how long a person is in the US. Per USCIS law, for naturalization, the spouse becomes eligible to become a citizen once he/she has been a permanent resident (green card holder) for at least 3 years. Since, his green card is only for 2yrs, the law requires he files for ROC for a green card extension and then citizenship. There's no shortcut to it. A law is a law.

Edited October 28, 2018 by dhman06

[NikLR 13,227]

2 hours ago, dhman06 said:

Doesn't matter how long a person is in the US. Per USCIS law, for naturalization, the spouse becomes eligible to become a citizen once he/she has been a permanent resident (green card holder) for at least 3 years. Since, his green card is only for 2yrs, the law requires he files for ROC for a green card extension and then citizenship. There's no shortcut to it. A law is a law.

Technically they are eligible at 3 years if thry have a) been an LPR for 3 years AND b) still married to the original petitioner for 3 years while living in a marital union (aka living together.) AND c) meet physical presence requirements. 

You need all 3. 

[Loren Y 2,755]

You can always ROC, get the 10 year green card and not do anything for a while. I know a few people that have actually renewed their 10 year green card twice. It costs just about the same to renew as it would to do the N400, it just boggles the mind. I have a suspicion that the one has some criminal records and will not pass the citizenship interview, so they just keep renewing their card every 10 years to stay legal. Sooner or later I'll get bored at work and run them thru NCIC to see what pops, but I really don't care that much, so I just ignore it. I would be about citizenship ASAP, but you can ROC then take a few years off from USCIS ( I completely understand your reasoning behind that). Then file the N400 when your ready to jump into the fire again....LOL

Edited October 28, 2018 by Loren Y