How soon mother can become a citizen after she applies?

[Lexushim 105]

My friend asked me this question and I was unsure to answer her so seeking help here.

 

my friend, Z, is married to a US Citizen, and is moving to US on May 1, 2021, before her 6 month visa is expired on 5th May, 2021. In 2022, she plans to apply for citizenship after her 4 years of marriage. ( or is the time 3 years counted from the date of entry in USA? To be eligible for citizenship)? She wants to call her sick mother ASAP to USA, because she’s a heart patient... she asked me how soon can she apply for her to immigrate and in how many years her mother could arrive to USA? Any general idea for time frame would be helpful to her..? 

[NancyNguyen 1,658]

Presumealy she is admited on May 1, 2021, she will be eligeble for filing citizenship based on being 3-year LPR AND 3-year marriage to USC citizen on Feb 1, 2024. If everything is smooth, she will be naturalized in 2025. Then she files for her mom, it takes 1-2 years for IR5. 

 

All are presumption in future, nothing can be certain with immigration.

[portorusa 431]

First of all, your friend Z should not rely so heavily on the visa expiration day provided the current pandemic and how quickly the situation changes globally.

Even if the plan to arrive on May 1 works, Z will be eligible for citizenship not earlier than 3 years after the arrival date (provided the visa is CR1/IR1).

Then the wait to actually become a citizen (nobody can say for how long to wait).

Then even if Z applies for her mom’s immigrant visa on the day of taking the oath, there will be about 1 year or more before Mom can arrive.

So we are talking about the year 2025 which is five years from now, optimistically speaking.

Edited November 20, 2020 by portorusa

[Lexushim 105]

2 minutes ago, NancyNguyen said:

Presumealy she is admited on May 1, 2021, she will be eligeble for filing citizenship based on being 3-year LPR AND 3-year marriage to USC citizen on Feb 1, 2024. If everything is smooth, she will be naturalized in 2025. Then she files for her mom, it takes 1-2 years for IR5. 

 

All are presumption in future, nothing can be certain with immigration.

So her 3 year LPR AND 3 years marriage time starts after she arrives in May 2021. Correct? Both condition must be met or is it one of 2 must be met? Like it can’t be she’s been married more than 3 years at time of admission but hasn’t lived in USA for 3 years yet so she can still apply for citizenship...? 
Again, It MUST BE BOTH conditions, right?? 

[Lexushim 105]

1 minute ago, portorusa said:

First of all, your friend Z should not rely so heavily on the visa expiration day provided the current pandemic and how quickly the situation changes globally.

Even if the plan to arrive on May 1 works, Z will be eligible for citizenship not earlier than 3 years after the arrival date (provided the visa is CR1/IR1).

Then the wait to actually become a citizen (nobody can say for how long to wait).

Then even if Z applies for her mom’s immigrant visa on the day of taking the oath, there will be about 1 year or more before Mom can arrive.

So we are talking about the year 2025 which is five years from now.

Okay thank you 😊 so her mom can’t be in United States until after 2025.... right?

[NancyNguyen 1,658]

2 minutes ago, Lexushim said:

So her 3 year LPR AND 3 years marriage time starts after she arrives in May 2021. Correct? Both condition must be met or is it one of 2 must be met? Like it can’t be she’s been married more than 3 years at time of admission but hasn’t lived in USA for 3 years yet so she can still apply for citizenship...? 
Again, It MUST BE BOTH conditions, right?? 

Both conditions have to be met.

[Lexushim 105]

Just now, NancyNguyen said:

Both conditions have to be met.

Okay, thank you.

[Crazy Cat 42,032]

6 minutes ago, Lexushim said:

So her 3 year LPR AND 3 years marriage time starts after she arrives in May 2021. Correct? Both condition must be met or is it one of 2 must be met?

Both......Assuming she will have satisfied the continued physical presence requirement.

Edited November 20, 2020 by Lucky Cat

[SusieQQQ 11,587]

21 minutes ago, NancyNguyen said:

Both conditions have to be met.

Both - and the 3 years LPR being sufficient is dependent on the marriage - if she does not maintain marital union (not just stay married, but actually live together) with a US citizen for 3 years, then she has to wait 5 years of being an LPR before she can apply. 
 

 

Edited November 20, 2020 by SusieQQQ

[Lexushim 105]

27 minutes ago, SusieQQQ said:

Both - and the 3 years LPR being sufficient is dependent on the marriage - if she does not maintain marital union (not just stay married, but actually live together) with a US citizen for 3 years, then she has to wait 5 years of being an LPR before she can apply. 
 

 

Oh I didn’t know that tho. So if she divorces her husband? Can she still live in USA? And get citizenship eventually...?

[Coco8 1,042]

If the mother is a heart patient, her daughter should find out how expensive treatment is in the USA. It will cost millions and her mother wouldn't be eligible for any type of government subsidy (they wouldn't cover most of it anyway) because she would be on a Green Card.

[SusieQQQ 11,587]

13 minutes ago, Lexushim said:

Oh I didn’t know that tho. So if she divorces her husband? Can she still live in USA? And get citizenship eventually...?

Yes, but she would have to wait 5 years of being an LPR to apply for citizenship in that case.

[SusieQQQ 11,587]

13 minutes ago, Coco8 said:

If the mother is a heart patient, her daughter should find out how expensive treatment is in the USA. It will cost millions and her mother wouldn't be eligible for any type of government subsidy (they wouldn't cover most of it anyway) because she would be on a Green Card.

Excellent point.

[aaron2020 11,651]

These are things your friend has to consider.

 

1.  How will she afford health care for her mom?  Mom will not qualify for Medicare.  Private health insurance will be thousands of dollars per month.

 

2.  How will her mother overcome the public charge issue in order to qualify for an immigration visa?  

[Lexushim 105]

1 hour ago, aaron2020 said:

These are things your friend has to consider.

 

1.  How will she afford health care for her mom?  Mom will not qualify for Medicare.  Private health insurance will be thousands of dollars per month.

 

2.  How will her mother overcome the public charge issue in order to qualify for an immigration visa?  

Can she not qualify if she eventually becomes a citizen herself?