N400 and the 30 Month Rule

[Jacobr511 6]

my wife came here to the US on a k1 visa. she received her 2 year greencard in 2021.

 

when does the 30 month rule begin? does it begin when she first landed here, or does it begin after getting her 2 year greencard?

[OldUser 6,480]

41 minutes ago, Jacobr511 said:

my wife came here to the US on a k1 visa. she received her 2 year greencard in 2021.

 

when does the 30 month rule begin? does it begin when she first landed here, or does it begin after getting her 2 year greencard?

What is a 30 months rule?

[Mike E 11,739]

42 minutes ago, Jacobr511 said:

when does the 30 month rule begin? does it begin when she first landed here, or does it begin after getting her 2 year greencard

She can file N-400 on this date:

 

“resident since” date on her GC

+ 3 years

- 90 days

[OldUser 6,480]

1 minute ago, Mike E said:

She can file N-400 on this date:

 

“resident since” date on her GC

+ 3 years

- 90 days

In addition, @Jacobr511 she should first apply for I-751 within 90 day window (prior to) her 2nd anniversary of becoming a LPR.

That is:

“resident since” date on her GC

+ 2 years

- 90 days

 

Edited August 16, 2023 by OldUser

[EM_Vandaveer 2,408]

6 hours ago, Jacobr511 said:

my wife came here to the US on a k1 visa. she received her 2 year greencard in 2021.

 

when does the 30 month rule begin? does it begin when she first landed here, or does it begin after getting her 2 year greencard?

Assuming y'all are still married, in your case it's 18-month rule, starting from the "residence since" date on her GC.

Don't forget to file I-751.

[EM_Vandaveer 2,408]

5 hours ago, OldUser said:

What is a 30 months rule?

Applies to naturalization under the 5-year rule: half that time, 30 months need to be spent in the US (physical presence).

In OP's case it's 18-month rule since the N-400 will be (I assume) filed under the 3-year eligibility rule.

[OldUser 6,480]

3 hours ago, EM_Vandaveer said:

Applies to naturalization under the 5-year rule: half that time, 30 months need to be spent in the US (physical presence).

In OP's case it's 18-month rule since the N-400 will be (I assume) filed under the 3-year eligibility rule.

Yeah, you're right. In other words - physical presence test. Yes, this and continuous residence apply from "resident since date"