Obtaining citizenship after two years of a conditional green card by marriage.

[Anny111 1]

Hi all,
Could you please help me solve this question:

In August 2023, two years have passed since the date of receipt of the conditional green card by marriage. 90 days before, we applied for a permanent green card. Instead of a permanent green card, I received a letter that my conditional card had been extended for another 48 months.

The question is that if there was a permanent green card, as far as I know, then after 9 months it would be possible to apply for citizenship. Is it possible to do the same with an “extended” conditional green card?

Thank you!

[powerpuff 6,697]

*** Topic moved from K1 forum to US citizenship forum ***
 

Yes, can apply while I-751 is pending given you meet all other criteria.

[OldUser 6,639]

12 minutes ago, Anny111 said:

Instead of a permanent green card, I received a letter that my conditional card had been extended for another 48 months.

This is normal. I-751 approvals take 12-48 months to get approved nowadays. Only then you would receive 10 year GC.

 

12 minutes ago, Anny111 said:

The question is that if there was a permanent green card, as far as I know, then after 9 months it would be possible to apply for citizenship. Is it possible to do the same with an “extended” conditional green card?

Thank you!

Yes, it's possible to apply for naturalization (N-400) when you become eligible even if you don't have 10 year GC.

 

I-751 will always have to be approved before you can naturalize. Often (but not always) you will get a I-751 and N-400 interviews together (so-called combo interview). You can apply for N-400 at 3 year minus 90 days of your anniversary of being a LPR. You'd have to be still married to your US citizen spouse and live together all the way until you naturalize. You have to have a good moral character (no crimes), pay all taxes, spend enough time in the US, don't break continuous residence, have a residence in your state for at least 90 days when you file and pass the civics test.

Edited January 15 by OldUser

[ThailandR 54]

1 hour ago, OldUser said:

This is normal. I-751 approvals take 12-48 months to get approved nowadays. Only then you would receive 10 year GC.

 

Yes, it's possible to apply for naturalization (N-400) when you become eligible even if you don't have 10 year GC.

 

I-751 will always have to be approved before you can naturalize. Often (but not always) you will get a I-751 and N-400 interviews together (so-called combo interview). You can apply for N-400 at 3 year minus 90 days of your anniversary of being a LPR. You'd have to be still married to your US citizen spouse and live together all the way until you naturalize. You have to have a good moral character (no crimes), pay all taxes, spend enough time in the US, don't break continuous residence, have a residence in your state for at least 90 days when you file and pass the civics test.

Are you saying that by going back to the GC holders home country for say a 3 month visit that you would be breaking continuous residence in the US?  I am confused.

[Lil bear 4,199]

7 minutes ago, ThailandR said:

Are you saying that by going back to the GC holders home country for say a 3 month visit that you would be breaking continuous residence in the US?  I am confused.

No.  The applicant must meet both the physical presence and the continuous residence requirements.. look at the instructions on the USCIS N400 page .. as well as having been resident  in the state you live when you apply for at least 90 days before applying. Absences for vacations don’t break the 90 day state residency.  Absences from the US can break Continuous Residency depending on length and frequency 

[OldUser 6,639]

11 minutes ago, ThailandR said:

Are you saying that by going back to the GC holders home country for say a 3 month visit that you would be breaking continuous residence in the US?  I am confused.

No, you break residence if you spend over 180 days in any given trip overseas. Then you'll have to apply on 4 year and 1 day rule since you return from that trip. Of course if you don't have any other trips over 180 days.

 

90 day residence rule is... You cannot move states, for example from California to Texas and apply for N-400 immediately. You need to spend at least 90 days in the new state, get new DL / state ID etc and only then apply.

[ThailandR 54]

1 minute ago, Lil bear said:

No.  The applicant must meet both the physical presence and the continuous residence requirements.. look at the instructions on the USCIS N400 page .. as well as having been resident  in the state you live when you apply for at least 90 days before applying. Absences for vacations don’t break the 90 day state residency.  Absences from the US can break Continuous Residency depending on length and frequency 

So no vacations back to the home country at all until Citizenship granted is your view, but trips in the US are ok.

[ThailandR 54]

2 minutes ago, OldUser said:

No, you break residence if you spend over 180 days in any given trip overseas. Then you'll have to apply on 4 year and 1 day rule since you return from that trip. Of course if you don't have any other trips over 180 days.

 

90 day residence rule is... You cannot move states, for example from California to Texas and apply for N-400 immediately. You need to spend at least 90 days in the new state, get new DL / state ID etc and only then apply.

 Thank you, that makes more sense.

[OldUser 6,639]

5 minutes ago, ThailandR said:

So no vacations back to the home country at all until Citizenship granted is your view, but trips in the US are ok.

I don't think @Lil bear implied you cannot visit your country of origin. You absolutely can (unless you got your GC through asylum from your country).

 

If you go for 180 days on a single trip, or spend more time outside of the US than inside by coming to the US every few months and leaving after few weeks - that's how US residency is broken.

Edited January 15 by OldUser

[Lil bear 4,199]

45 minutes ago, ThailandR said:

So no vacations back to the home country at all until Citizenship granted is your view, but trips in the US are ok.

No not correct. Read the USCIS information to understand the requirements for naturalization and make sure your international travel falls within the parameters  Its better for you to read the v official info than get someone elses summary of an often  complex assessment. That’s why i point posters back to the official source rather than trying to fully explain    

[Dashinka 24,492]

15 hours ago, ThailandR said:

So no vacations back to the home country at all until Citizenship granted is your view, but trips in the US are ok.

This is not at all what @Lil bear, and @OldUser stated.  You can travel outside the US with a GC, and as long as the trip is not longer than 6 months, the question of continuous residence does not come up unless there are frequent short trips that add up to more than about 548 days outside the US in a 3 year period or 914 days in a 5 year period.

 

To the OP, you can certainly submit the N400 when that window opens as even though your I751 is pending as you are still an LPR.  My wife did exactly that, and she had her I751 and N400 approved at the same time, and she actually never even received a 10yr GC as she completed naturalization and instead got her US passport.