2 year GC condition Removal and Citizenship

[ChloeS 13]

Hi everyone,

 

I am currently getting closer to the expiration of my 2-year marriage-based GC (hubby is a U.S. citizen) and will be filing I751. 

Meanwhile, I wonder if I'd be eligible for directly filing citizenship in conjunction with i-751.

 

Here's my timeline:

• Entered the U.S in November 2021 on a K-1 Fiancé visa
• Got married in January 2022
• Received my 2-year GC in March 2023

 

I read through the USCIS website. For marriage-based Citizenship, one of the conditions says:

 

• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;

 

Does a "lawfully admitted permanent resident" start from the date indicated on my GC? or starts when I entered the country? The term is not clear to me and would make a big difference as If the case is the latter, I would be eligible for citizenship (November 21 - November 24). Has anyone experienced the same?

 

Thank you for your help.

[Edward and Jaycel 267]

It is the from date on your GC that says, "Resident Since"

[OldUser 6,957]

11 minutes ago, ChloeS said:

Does a "lawfully admitted permanent resident" start from the date indicated on my GC?

Yes, Resident Since date on GC

[OldUser 6,957]

You're not eligible for citizenship yet.

 

You need to file I-751.

 

You'll be eligible for N-400 sometime in March 2026. You can file 90 days early, but make sure you lived in marital union with US citizen spouse for at least 3 years on date of filing.

 

Here somebody's N-400 got recently denied for filing in 90 day early filing window because they didn't meet marital union requirement:

 

 

 

[ChloeS 13]

That's very helpful. Thank you so much!! @OldUser

 

So... just to follow up on this, when the time comes to March 2026 (or December 2025 which is 90 days before), do I just send all N-400 documents and they merge the two cases of I-765 and N-400?

 

I know it depends on cases and location, but what would be the normal processing time?

[OldUser 6,957]

4 minutes ago, ChloeS said:

That's very helpful. Thank you so much!! @OldUser

 

So... just to follow up on this, when the time comes to March 2026 (or December 2025 which is 90 days before), do I just send all N-400 documents and they merge the two cases of I-765 and N-400?

 

I know it depends on cases and location, but what would be the normal processing time?

Hopefully I-751, not I-765.

 

So when you file N-400 sometime between December 2025 and December 2026, you can include copy of I-751 receipt notice (if it's still pending) in additional evidence section. You can also write a cover letter and attach it to N-400 explaining you have pending I-751 and would like to adjudicate them together. Then, there's multiple scenarios:

 

1) You either will get I-751 approved without interview, prior to N-400 interview

2) You'll have both I-751 and N-400 interviews together

3) You'll have I-751 and N-400 interviews on different days.

 

 

Either way, N-400 cannot be approved without I-751 getting approved first.

 

[ChloeS 13]

yeah, I751 was what I meant... Thanks a lot. That's so clear. I appreciate your help. 

[OldUser 6,957]

37 minutes ago, OldUser said:

So when you file N-400 sometime between December 2025 and December 2026

What I meant was December 2025 and March 2026 😅

[ChloeS 13]

1 hour ago, OldUser said:

What I meant was December 2025 and March 2026 😅

I figured that out myself  Thank you for being so clear!

[Caligirl1 213]

20 hours ago, ChloeS said:

Hi everyone,

 

I am currently getting closer to the expiration of my 2-year marriage-based GC (hubby is a U.S. citizen) and will be filing I751. 

Meanwhile, I wonder if I'd be eligible for directly filing citizenship in conjunction with i-751.

 

Here's my timeline:

• Entered the U.S in November 2021 on a K-1 Fiancé visa
• Got married in January 2022
• Received my 2-year GC in March 2023

 

I read through the USCIS website. For marriage-based Citizenship, one of the conditions says:

 

 

• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;

 

Does a "lawfully admitted permanent resident" start from the date indicated on my GC? or starts when I entered the country? The term is not clear to me and would make a big difference as If the case is the latter, I would be eligible for citizenship (November 21 - November 24). Has anyone experienced the same?

 

Thank you for your help.

It starts from getting the greencard