Any way to apply for N-400 before Conditional Green Card runs out?

[SP_and_TH 2]

Hello,

My wife (Canadian) and I (American) moved back to the US from abroad after receiving her green card. We are now planning on filing for her citizenship here in the US N-400. She is currently pregnant and we are planning on filing after our 3 year marriage date in October. Will filing for citizenship affect our unborn child's ease of getting his Canadian citizenship as well as US citizenship? What about any future children after my wife receives her citizenship? The plan is dual citizenship for my wife but I wanted to make sure that if we apply for citizenship before my son or future children are born they can easily get dual citizenship as well. 

 

Thanks

[Crazy Cat 41,811]

16 hours ago, SP_and_TH said:

and we are planning on filing after our 3 year marriage date in October.

How long has she had the Green Card?  The 3 year clock for filing the N-400 started when she became a Green card holder.  Good luck.  The N-400 is the easiest part of immigration.

Edited August 25, 2023 by Crazy Cat

[SP_and_TH 2]

My wife and I moved back to the States after receiving her green card but not before we were married for 2 years resulting in a conditional green card status. I heard you could apply after being married for 3 years but also know that the requirement is 3 years of residency in the US before you can apply as well. Is there any way to apply for citizenship before her two-year conditional green card runs out or are we destined to pay for the renewed green card in two years and then pay again for citizenship a year later?

 

Thanks

[SP_and_TH 2]

She got her green card Sept 2022 so I think I just realized that it's not going to work with her Conditional green card unless there is an exception to the 3-year residency rule. :/

[powerpuff 6,681]

~~ Two threads on related topics merged. Please start only one thread per related topics ~~

 

~~ Topic moved from General Immigration discussion to US Citizenship discussion ~~
 

Mod hat off:

 

14 minutes ago, SP_and_TH said:

cy in the US before you can apply as well. Is there any way to apply for citizenship before her two-year conditional green card runs out

No, there isn’t 
 

14 minutes ago, SP_and_TH said:

are we destined to pay for the renewed green card in two years and then pay again for citizenship a year later?

Correct 

 

3 year naturalization rule requires one to be both in marital union with a USC for 3 years AND be an LPR for 3 years with continuous residence 

[Mike E 11,739]

30 minutes ago, SP_and_TH said:

Will filing for citizenship affect our unborn child's ease of getting his Canadian citizenship as well as US citizenship

No

[SP_and_TH 2]

Thanks. 

[Redro 4,611]

39 minutes ago, SP_and_TH said:

She got her green card Sept 2022 so I think I just realized that it's not going to work with her Conditional green card unless there is an exception to the 3-year residency rule. 😕

It would be great if there was an exception to the 3 year residency rule! I would be able to apply for citizenship as soon as I arrived to the US. 
Unfortunately it is 3 years of marriage AND 3 years of LPR status (not just residency in the US) 

Additionally, you have to apply for the 10 year green card before you can file for citizenship. 
ETA: there is actually an exception but it generally involves being married to someone in the military. 

Edited August 24, 2023 by Redro

[Boiler 45,445]

Join the Military?

[Ontarkie 14,217]

Regarding the children born in the US. Is mom born in Canada? If so the all children will be able to get proof of Canadian citizenship. 

 

If mom was not born in Canada but a Canadian born abroad. Then the children will not be Canadian. 

[Mike E 11,739]

25 minutes ago, Ontarkie said:

 

 

If mom was not born in Canada but a Canadian born abroad. Then the children will not be Canadian. 

Unless mom naturalized to a Canadian citizen before kids were born. 

 

And I scratch my head at that one.

[Redro 4,611]

16 minutes ago, Mike E said:

Unless mom naturalized to a Canadian citizen before kids were born. 

 

And I scratch my head at that one.

Probably similar to US rules? All about time spent in Canada? 

[Mike E 11,739]

4 hours ago, Redro said:

Probably similar to US rules? All about time spent in Canada? 

The rules are not similar at all IMHO.

 

My daughter, born in the US, could have spent her entire life in Canada, barring the day she was born and the day her son was born, and my grandson will still not be born a Canadian. Whereas if her American husband naturalized as a Canadian before my grandson was born, my grandson would be Canadian.

 

Under U.S. rules, if my grandson was not born in the U.S., he would be a U.S. citizen based on the 5+ years of physical presence of either parent.

 

Canada used to have a physical presence option that for transmitting Canadian citizenship. It ended after Canada send a rescue ship to Lebanon to save a bunch of Canadians  who had never set foot in Canada.

[Ontarkie 14,217]

6 hours ago, Mike E said:

Unless mom naturalized to a Canadian citizen before kids were born. 

 

And I scratch my head at that one.

Yes it is messed up

1 hour ago, Mike E said:

The rules are not similar at all IMHO.

 

My daughter, born in the US, could have spent her entire life in Canada, barring the day she was born and the day her son was born, and my grandson will still not be born a Canadian. Whereas if her American husband naturalized as a Canadian before my grandson was born, my grandson would be Canadian.

 

Under U.S. rules, if my grandson was not born in the U.S., he would be a U.S. citizen based on the 5+ years of physical presence of either parent.

 

Canada used to have a physical presence option that for transmitting Canadian citizenship. It ended after Canada send a rescue ship to Lebanon to save a bunch of Canadians  who had never set foot in Canada.

Exactly, first generation born abroad only. If my younger two want their kids to be Canadian they will have to have them born in Canada. It most likely will not happen. 

[EM_Vandaveer 2,408]

Make sure you file I-751 in the 90-day period before the GC expires. It's not a simple renewal, it's Removal of Conditions.