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MarkandCharity

My Husband becoming a US Citizen?

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Filed: K-1 Visa Country: Canada
Timeline

Good Morning,

 

I am not sure where to post this. My husband and I are coming up on our 2nd year anniversary from being married. We used the K-1 Visa. When we went to our interview after we were married he said that we would have to fill out another form around the 2 year mark. My question is, what form is this? I also understood him to say that is was the 2 year mark for that interview (which happened the December after our marriage in April). I want to make sure I do this on time. Any help would be greatly appreciated!!

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Filed: Citizen (apr) Country: Australia
Timeline

He must apply for Removal of Conditions regarding his Green Card. Currently he has conditional permanent residency for 2 years .. and he must now apply for these conditions to be removed. The significant date is not your marriage anniversary but the date on his Green card. He must submit the I751 application within the 90 days prior to the date which is 2 years later than his GC date. He can apply for citizenship after holding his Green card 3 years .. as long as you remain married to each other. There is a vj guide for removing conditions under the Guides tab on the menu 

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Here's the guide: https://www.visajourney.com/guides/removing-conditions-permanent-residency/

 

 

The form is called I-751. This can only be filed 90 days preceding the 2-year GC's expiration date, no earlier and no later. It is best to file it during the earlier period when the window opens to ensure that USCIS receives the submission in a timely manner. Best to check his GC expiration date now.

 

Here's the early filing calculator: https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

 

Evidence wise, it's similar to AOS/I-485 so make sure to gather and send in copies from the time you got married to the time the ROC/I-751 is sent out. Your evidence should not be from the few months prior to the submission alone. I've already read a few people got RFE for this reason. The evidence should show a pattern of an ongoing marriage.

 

All the best :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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