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lifting conditions and citizenship

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what happens if a person does not file for lifting conditions of a conditional resident to become a permanent resident? can a person wait 3 yrs and apply for citizenship if the person is married to the same person? and completely bypass the step of lifting conditions and apply for citizenship?

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Filed: Citizen (apr) Country: China
Timeline

If you don't file to lift conditions you WILL end up in deportation proceedings. "Do not pass go, and do not collect 200 bucks" End of story.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).
http://www.visajourney.com/forums/index.ph...p;page=751guide

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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what happens if a person does not file for lifting conditions of a conditional resident to become a permanent resident? can a person wait 3 yrs and apply for citizenship if the person is married to the same person? and completely bypass the step of lifting conditions and apply for citizenship?

As soon as conditional residence expires without an I-751 filed, you'll be out of status and no longer a permanent resident. One of the prerequisites for citizenship is a continuous time period of being a lawful permanent resident (normally 3 years less 90 days, if married to a USC during that time). You won't meet that requirement, so you can't possibly become a citizen. Additionally, you'll be out of status, and if you remain in the US, you'll be subject to deportation.

It IS possible to file the I-751 before the deadline, have it waiting for approval, and then file for citizenship before the I-751 is approved. This used to be a very common situation when I-751 approval typically took years. Filing for citizenship forced them to adjudicate the I-751, since it had to be adjudicated before a decision of citizenship could be made. But now that typical I-751 approval is normally significantly less than a year, this situation isn't common anymore.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Other Country: Taiwan
Timeline
what happens if a person does not file for lifting conditions of a conditional resident to become a permanent resident? can a person wait 3 yrs and apply for citizenship if the person is married to the same person? and completely bypass the step of lifting conditions and apply for citizenship?

As soon as conditional residence expires without an I-751 filed, you'll be out of status and no longer a permanent resident. One of the prerequisites for citizenship is a continuous time period of being a lawful permanent resident (normally 3 years less 90 days, if married to a USC during that time). You won't meet that requirement, so you can't possibly become a citizen. Additionally, you'll be out of status, and if you remain in the US, you'll be subject to deportation.

It IS possible to file the I-751 before the deadline, have it waiting for approval, and then file for citizenship before the I-751 is approved. This used to be a very common situation when I-751 approval typically took years. Filing for citizenship forced them to adjudicate the I-751, since it had to be adjudicated before a decision of citizenship could be made. But now that typical I-751 approval is normally significantly less than a year, this situation isn't common anymore.

So file PR lift condition after 1 years 9 month; then file for citizenship the same time?

Or file PR lift after 1 yr 9 mth; then file citizenship 2yrs 9mth after the 1st condition PR issued? :innocent:

2007 Oct: Received PR green card

2011 Nov: Voluntarily Abandoned PR green card (due to relocation oversea). Received FREE B1/B2 & C1/D Crew US visa

2024 APR: Planned for EB2-C from Taiwan as Professional Pilot

 

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Filed: Citizen (apr) Country: Canada
Timeline

"So file PR lift condition after 1 years 9 month; then file for citizenship the same time?

Or file PR lift after 1 yr 9 mth; then file citizenship 2yrs 9mth after the 1st condition PR issued? innocent.gif"

Yes. File to remove conditions after 1 year and 9 months; then apply one year later - 2 years 9 months after the conditional greencard is issued - for Citizenship. You can apply for Citizenship at that time even if there is still no decision made for the Removal of Conditions, although they will have to resolve the Removal of Conditions application before they can start processing the Citizenship application.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: Other Country: Canada
Timeline
what happens if a person does not file for lifting conditions of a conditional resident to become a permanent resident? can a person wait 3 yrs and apply for citizenship if the person is married to the same person? and completely bypass the step of lifting conditions and apply for citizenship?

As soon as conditional residence expires without an I-751 filed, you'll be out of status and no longer a permanent resident. One of the prerequisites for citizenship is a continuous time period of being a lawful permanent resident (normally 3 years less 90 days, if married to a USC during that time). You won't meet that requirement, so you can't possibly become a citizen. Additionally, you'll be out of status, and if you remain in the US, you'll be subject to deportation.

It IS possible to file the I-751 before the deadline, have it waiting for approval, and then file for citizenship before the I-751 is approved. This used to be a very common situation when I-751 approval typically took years. Filing for citizenship forced them to adjudicate the I-751, since it had to be adjudicated before a decision of citizenship could be made. But now that typical I-751 approval is normally significantly less than a year, this situation isn't common anymore.

So file PR lift condition after 1 years 9 month; then file for citizenship the same time?

Or file PR lift after 1 yr 9 mth; then file citizenship 2yrs 9mth after the 1st condition PR issued? :innocent:

file to remove conditions anywhere between 90 days and the time your green card expires...

apply for naturalization anywhere between 90 days and the 3 year anniversary of your green card....

Example :arrive in the US April 2, 2005, get 2 year conditional green card that expires April 2nd, 2007

apply to remove conditions anywhere between January 2, 2007 and April 2nd, 2007

apply for naturalization anywhere between January 3, 2008 and April 2nd, 2008

Edited by MarilynP
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