Conditional green card to citizenship??

[Pablito 16]

Hi, 

 

We're a little confused as to what the correct step is in the process. My wife has had her permanent residency since February 2019. She's been in the USA since April 2019 and that's when we were married in court. We received a paper saying we can file i751 to remove conditions from her greencard 3 years from the date of her permanent residency issuance. But would we be allowed to just apply for citizenship instead because she's almost been a resident 3 years? Or do we have to get the conditions removed first. Then apply for citizenship? I don't want her green card to expire and cause any trouble. I apologize if this is the wrong forum. And help would be greatly appreciated.  Thank you

[ineedadisplayname 497]

28 minutes ago, Pablito said:

Hi, 

 

We're a little confused as to what the correct step is in the process. My wife has had her permanent residency since February 2019. She's been in the USA since April 2019 and that's when we were married in court. We received a paper saying we can file i751 to remove conditions from her greencard 3 years from the date of her permanent residency issuance. But would we be allowed to just apply for citizenship instead because she's almost been a resident 3 years? Or do we have to get the conditions removed first. Then apply for citizenship? I don't want her green card to expire and cause any trouble. I apologize if this is the wrong forum. And help would be greatly appreciated.  Thank you

How did she got the permament residency in Feb 2019, but been in the usa only since April 2019 and that's when we were married in court.?  How did she got her resident status if you were married only in April 2019?

 

Regardless of that she will need to file ROC i751 if she has a 2 year GC. To remove conditions is due in 2 years, check the expiry date of the card. You can file for citizenship after 3 years  of residence since (it's on the GC) while the i751 is pending.

 

Edited October 31, 2021 by ineedadisplayname

[Crazy Cat 41,851]

If she received a conditional 2 year Green card, she MUST remove conditions......then, about a year later, she can file for citizenship.  

 

Conditions to file for citizenship:

1.  Have Green Card for 3 years. 

2,  Have been married to a US citizen for 3 years.

BOTH conditions must be met.

Edited October 31, 2021 by Crazy Cat

[Pablito 16]

Thank you both. I apologize. I was going off the date I saw on the i797 notice of action. The original date 2/2019 was k1 then green card 4/20.  So it makes sense what you both stated.  Thank you for your help.