Family situation

[Nat&Amy 623]

Just now, .yana said:

Because plenty of people forget to file for it altogether (seems OP didn't even know about it), and it needs to happen way before filing for citizenship. I'd say it's sort of an important topic to focus on.

I agree it is important. But RoC and naturalization are two different beasts and for the latter what OP needs to focus on are things such as marital union, physical presence, continuing residence and etc. If they are planning to get their citizenship asap these are the things that will make it or break it. An unadjudicated RoC is not something OP can control, those other things are.

[SalishSea 17,797]

39 minutes ago, Nat&Amy said:

Removal of Conditions does not affect Citizenship timelines. It needs to be done, yes, but I don't see how focusing on it instead changes anything for the OP.

 

OP, you could always apply for a reentry permit if you plan to spend an extended period of time abroad but be aware that the amount of time you stay out of the US might affect your ability to apply for citizenship and that would potentially delay your citizenship process even more.

 

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

 

  How can it not affect it, when it’s an absolute requirement to be done first?

[SalishSea 17,797]

Just now, Nat&Amy said:

I agree it is important. But RoC and naturalization are two different beasts and for the latter what OP needs to focus on are things such as marital union, physical presence, continuing residence and etc. If they are planning to get their citizenship asap these are the things that will make it or break it. An unadjudicated RoC is not something OP can control, those other things are.

OP seemed wholly unaware of the ROC requirement.   She has been a conditional GC holder for 5 months.  There is absolutely no point in focusing on citizenship at this point.

[.yana 597]

3 minutes ago, Nat&Amy said:

I agree it is important. But RoC and naturalization are two different beasts and for the latter what OP needs to focus on are things such as marital union, physical presence, continuing residence and etc. If they are planning to get their citizenship asap these are the things that will make it or break it. An unadjudicated RoC is not something OP can control, those other things are.

One happens before the other. OP needs to get that out of the way first then focus on citizenship. There's no 'ASAP', there's a timeline. ROC happens before N400, very simple.

[Sabela 16]

You are all great help. Thank you for the comments/discussion.

 

I need to clarify something. As mentioned, my green card was issued on 12/12/22 (“Resident Since” in card). So, on 09/13/2025 (I mean, as early as) I can apply for RoC, correct? Do I have to have that approved first, in order to move on and apply for citizenship at a later date? I guess I’m a bit confused about how all that works. I honestly knew about RoC, but I just had forgotten after all these months in the process. 

 

So, realistically, what would an approximate timeline look like for Removal of Conditions and, eventually, citizenship? I know these are two different things, but I’m trying to have a time range (at least) before contemplating things in my life further.  It’s not I’m trying to be impatient. It’s that my parents are getting older and weaker, and I want to know how many years I am facing here.

 

By the way, what’s OP? I suppose that refers to me, but can’t find the acronym.

[.yana 597]

1 minute ago, Sabela said:

You are all great help. Thank you for the comments/discussion.

 

I need to clarify something. As mentioned, my green card was issued on 12/12/22 (“Resident Since” in card). So, on 09/13/2025 (I mean, as early as) I can apply for RoC, correct? Do I have to have that approved first, in order to move on and apply for citizenship at a later date? I guess I’m a bit confused about how all that works. I honestly knew about RoC, but I just had forgotten after all these months in the process. 

 

So, realistically, what would an approximate timeline look like for Removal of Conditions and, eventually, citizenship? I know these are two different things, but I’m trying to have a time range (at least) before contemplating things in my life further.  It’s not I’m trying to be impatient. It’s that my parents are getting older and weaker, and I want to know how many years I am facing here.

 

By the way, what’s OP? I suppose that refers to me, but can’t find the acronym.

No, you need to apply for ROC 2 years since your "Resident Since" date so 12/12/24 (your application window opens 90 days before that date). 

That form is I-751. Then on 12/12/25 minus 90 days your N400 application window opens. 

 

Your I751 might or might not get approved by then (likely not). But applying for N400 usually helps move things along. N400 will be dependent on I751 approval so you will either get a combo interview for both N400 & I751 or I751 will be adjudicated before your citizenship interview.

 

N400 is probably taking 12 months on average right now so looking at the end of 2026.

 

OP = original poster.

[Boiler 45,439]

Original Poster

 

Are you heading back to Spain or not I am confused, difficult to make any sensible comment without knowing your plan

[Family 3,988]

16 hours ago, Sabela said:

am asking about the time I can spent out of the USA each year without compromising my marriage / citizenship.

Assuming here your husband waited approx to bring you to the US . You arrived 5 months ago (and have been out approx 1 month) 

You are now planning to live in Spain ( for years) as soon as you figure out a window of opportunity. 
 

From this view..marriage may not survive.

 

And no way will you Natz under 3 year rule even if u meet physical presence with surgical precision ..you will fail the marital union prong . 

 

 

 

 

[igoyougoduke 1,653]

24 minutes ago, Sabela said:

You are all great help. Thank you for the comments/discussion.

 

I need to clarify something. As mentioned, my green card was issued on 12/12/22 (“Resident Since” in card). So, on 09/13/2025 (I mean, as early as) I can apply for RoC, correct? Do I have to have that approved first, in order to move on and apply for citizenship at a later date? I guess I’m a bit confused about how all that works. I honestly knew about RoC, but I just had forgotten after all these months in the process. 

 

So, realistically, what would an approximate timeline look like for Removal of Conditions and, eventually, citizenship? I know these are two different things, but I’m trying to have a time range (at least) before contemplating things in my life further.  It’s not I’m trying to be impatient. It’s that my parents are getting older and weaker, and I want to know how many years I am facing here.

 

By the way, what’s OP? I suppose that refers to me, but can’t find the acronym.

 

Here is the entire process

 

you file ROC or I-751 any day after 09/12/24 and before 12/12/24. 

 

you file N-400 for citizenship on or after 09/12/25 and before 12/12/25

 

Your i-751 needs to be approved before N-400 (citizenship). Some times they approve both I-751 and N-400 if they do a combination interview at your n-400 interview. There is no set process. they can approve i-751 before n-400 filing .. it all depends on processing time

 

OP means original poster aka you 

 

if your parents are getting older and weaker, you should go stay with parents. immigration is the least of your problems considering you are married to US citizen and they can refile your green card any time. 

 

 

[Sabela 16]

So, if my Card Expires on: 12/12/24, I can apply for RoC as early as 09/13/2024. Got it.

 

As for N400, since I am a Resident Since: 12/12/2022, could I apply for it on 09/13/2025. I hope I got these right. I think so based off what others said.

 

It’s also great news to know I can still apply for N400 while my I-751 is still pending (and that that may expedite things, perhaps).

 

@BoilerI’m trying to get a better understanding of the process / timelines before I make any decisions about going back to Spain or how I’m going to deal with the situation. It isn’t an easy decision to make.

 

Also, thank you @igoyougoduke and @.yana

[powerpuff 6,674]

2 hours ago, Sabela said:

OP

Original poster

 

Also use the USCIS calculators to see exact dates of when you can apply for I-751/N400

https://www.uscis.gov/forms/when-to-file-form-i-751

https://www.uscis.gov/forms/uscis-early-filing-calculator

Edited May 23, 2023 by powerpuff

[Redro 4,611]

22 hours ago, Sabela said:

Hi everyone,

 

This is a sensitive subject. I recently moved to the USA in order to be with my husband + have a better future. I’m under the CR-1 category, but my parents aren’t doing great health-wise. I need to inquire about my timelines here.

 

1. My green card was issued on 12/12/22 (“Resident Since” in green card), so I am guessing I could apply for citizenship as early as 09/13/2025. Correct?

I have been reading about how long it takes from when you apply to citizenship to when you actually get it, and I am heartbroken knowing it can most likely take 2 years total... (current timelines).

2. Am I really looking to 2027 before I can get my citizenship? This is a very long time, and my husband cannot move back to my home country with me…

3. I am torn, and don’t know what to do. Is there any way to speed up the process? Do I really have to decide between spending the last years with my parents or my spouse? 

I’m overwhelmed, and I do not know what to do.  Every time I think about this subject, it feels like a dozen hands squeezing my neck and suffocating me... I am also thinking about spending  6 months in each country yearly , but I really don't know how that will look for me economically or towards citizenship.

 

Anyway, thank you for reading and your guidance in advance.

Is your husband military and being deployed soon? 

That is the only way I've seen people expedite their citizenship...

 

Other than that be aware applying for citizenship via the 3 year rule means you have show you lived with your husband for 3 years before applying.

Spending 6 months in the US and 6 months in Spain (if your husband is not going to go to Spain with you) will disqualify you.

Refer to this post as evidence of an uphill battle if you decide to follow a long distance relationship plan... Long distance could also impact the bonafides for ROC (removal of conditions). What type of evidence are you planning to submit if you only live with your husband for half the year? Will you be working and filing US taxes? 

 

 

Edited May 24, 2023 by Redro