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Posted

My wife entered the US on a K1 visa in January 2022, we also got married in the same month. She received her permanent residency in January 2023.

 

We are already prepping for removal of conditions, but I have seen conflicting information regarding the 3 year naturalization rule. Would we be eligible to file for the N400 3 years after our marriage or 3 years after her receiving permanent residency? Not sure if the year she was here under “permitted” stay while adjusting status would count towards the 3 years? Thanks so much!

Posted (edited)

The simple answer is both conditions must be met. She must be married to a USC for 3 years AND have had her green card for 3 years (I'm purposely avoiding muddying the waters with the 90-day early filing allowance). So, using the data you provided, January 2026 is when you would have satisfied both conditions.

 

The date you would use is the "residence since" date on the physical green card; the previous time in a previous status would not count.

Edited by Rekyrts
Clarity
Posted
16 minutes ago, Rekyrts said:

The simple answer is both conditions must be met. She must be married to a USC for 3 years AND have had her green card for 3 years (I'm purposely avoiding muddying the waters with the 90-day early filing allowance). So, using the data you provided, January 2026 is when you would have satisfied both conditions.

 

The date you would use is the "residence since" date on the physical green card; the previous time in a previous status would not count.

 That’s what I thought and what I read in the FAQs but I someone told me otherwise so I wanted to make sure. Thanks so much! 

  • 2 weeks later...
 
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