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Hphelp

When can k1 visa to greencard apply for citizenship?

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Filed: Citizen (apr) Country: Myanmar
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15 hours ago, Hphelp said:

Do we apply 3 yrs after receiving greencard or 3 years after marriage?

The general rule is the later  of the following two dates: 

 

1.  3 years after the “resident since” date on the green card minus 90 

 

2. 3 years of martial union  with a U.S. citizen. There is no “minus 90” days.
 

Note a “marital union” is not the same as marriage.  All people in a marital union are married but not married people are in a marital union. 
 

Because a K-1 petitioner is a U.S. citizen, generally (2) above is irrelevant, but not always.  
 

So for example: 

 

Couple married January 1, 2022, files I-485 February 1, 2022,  and on March 1, 2022,   one spouse moves to a different state, thus interrupting continuous marital union.  
 

I-485 is approved without interview on May 1, 2022.

 

 Couple reunites on September 1, 2022, thus resetting the date of marital union.  The soonest the LPR can file N-400 is September 1, 2025.  

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Filed: Citizen (apr) Country: Australia
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16 minutes ago, redxblack said:

Hi, what if my wife has a conditional green card? Is it still 3 years minus 90 days from the date that she received her green card? 

She must apply for Removal of conditions .. can do this once she is within 90 days of the expiry date on her GC.. then she can apply for naturalization once it is less than 90 days from the 3rd year anniversary of the date her Green Card was initially granted…  The ROC must be approved before the N400 is approved.. but she does not have to wait until the ROC is approved before applying for naturalization. The system will work both applications and often there is a combined interview if the ROC is still outstanding when the N400 is ready for interview 

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