Period between AOS and U.S. Citizenship

[Elmira 1]

Hello everyone! Just got K-1 visa, and i guess it is only beginng of my journey

We have some question and would be very grateful if you can help us… what is approximate period between AOS and U.S. citizenship? My parents and friends always ask us about that + we are curios as well now… Also I have some money here in Kazakhstan in pension fund and I want to transfer this financial actives to our U.S. account as we want to have some saving money for our future kids education, but Kazakh rules say that we are not allowed to do that till I have U.S. citizenship.. sorry for this silly question

[warlord 73]

Once you get your Permanent Residency date (shows you on the Green Card), it's about 2 years and nine months before you can apply for US Citizenship and then you won't get it till 3 years after your PR date (you can just apply 60 days prior). Then after applying it could take anywhere between a few months to years for some to actually get the oath to become a citizen. Depends on a lot of things, everyone is different.

For the first AOS to the green card, I'm not sure how long it takes now days, mine was only 5 months, but others have been a lot longer to get that. So from your marriage date you're looking at around time of 4 or so years if everything goes well and smoothly and a lot longer if it doesn't. All of which are dependent on a lot of things...

[Elmira 1]

Thank you so much for your help.. actually your timeline helped me alot Hopefully I will go all this process and will enjoy life with my family and hopefully with kids soon

[daphne2109 0]

Once you get your Permanent Residency date (shows you on the Green Card), it's about 2 years and nine months before you can apply for US Citizenship and then you won't get it till 3 years after your PR date (you can just apply 60 days prior). Then after applying it could take anywhere between a few months to years for some to actually get the oath to become a citizen. Depends on a lot of things, everyone is different.

For the first AOS to the green card, I'm not sure how long it takes now days, mine was only 5 months, but others have been a lot longer to get that. So from your marriage date you're looking at around time of 4 or so years if everything goes well and smoothly and a lot longer if it doesn't. All of which are dependent on a lot of things...

As I was going to ask for the same question, and I read your notes, could you be so kind to explain me better (sorry if I sound repetive) when you are able (according to the US Law) start asking for becaming US citizen? You can start after you receive the 10 green card or after the 2 year green card after the AOS?

And what's the frame time you can ask within for the the citizenship after you get the green card?

By the way naturalization and US citizenship have the same meaning?

Thanks again, adn sorry if my question are silly!!!!

[Marilyn. 340]

I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

but two years after you get your 2 year green card, you need to file to remove conditions (you can file anytime between 90 days and the day the card expires)....

Edited August 19, 2007 by MarilynP

[warlord 73]

On your Green Card it will show your PR date. You can apply 3 year (minus 60 days) to apply. So it's not by the type of Green Card you have it's by the PR date. Of course if you have the conditional one, that means you got it immediatly through marriage (not been married longer to that person) and you would have to lift the conditions etc which you have to do 2 years in anyways. If you were living outside the US and the spouse is a USC, then comming back to the US you might be able to get the 10 yr GC without the conditional one. Still you'd have to wait 2 years and 300 days to apply...

[lucyrich 20]

By the way naturalization and US citizenship have the same meaning?

Naturalization is the name for the process of gaining US citizenship if you weren't born with US citizenship. If you go through naturalization, you become a citizen. If you weren't born a citizen and you want to become a citizen, you must go through naturalization. But if you were born a US citizen, you don't go through naturalization. So the two terms don't have exactly the same meaning in all contexts, but they may be similar in the context of someone born without US citizenship.

I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

That's generally true, as long as you've been married and living with the same US Citizen spouse for three full years (not two years and nine months) at the time you file. Whether the card started out being conditional or not makes no difference. It also makes no difference how you got the card (work, marriage, visa lottery, whatever).

but two years after you get your 2 year green card, you need to file to remove conditions (you can file anytime between 90 days and the day the card expires)....

That's true, but only if the card started out being a conditional card. Which would be the case if the marriage was less than two years old at the time the card was granted.

[daphne2109 0]

By the way naturalization and US citizenship have the same meaning?

Naturalization is the name for the process of gaining US citizenship if you weren't born with US citizenship. If you go through naturalization, you become a citizen. If you weren't born a citizen and you want to become a citizen, you must go through naturalization. But if you were born a US citizen, you don't go through naturalization. So the two terms don't have exactly the same meaning in all contexts, but they may be similar in the context of someone born without US citizenship.

I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

That's generally true, as long as you've been married and living with the same US Citizen spouse for three full years (not two years and nine months) at the time you file. Whether the card started out being conditional or not makes no difference. It also makes no difference how you got the card (work, marriage, visa lottery, whatever).

but two years after you get your 2 year green card, you need to file to remove conditions (you can file anytime between 90 days and the day the card expires)....

That's true, but only if the card started out being a conditional card. Which would be the case if the marriage was less than two years old at the time the card was granted.

Thanks guys for all yr replies, I would like to ask Lucy about the request to become US citizen, it must be done after the 2 year green card, or the 10 year green card? Thaks again!!!!

[warlord 73]

By the way naturalization and US citizenship have the same meaning?

I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

That's generally true, as long as you've been married and living with the same US Citizen spouse for three full years (not two years and nine months) at the time you file. Whether the card started out being conditional or not makes no difference. It also makes no difference how you got the card (work, marriage, visa lottery, whatever).

No, you can apply after 2 years and 300 days (3 years minus 60 days (not 3 months)) before your PR date, you just can't be naturalized before the 3 years, but you can most definatly apply early. Also in some cases you do not have to be married still. Such cases as domestic abuse or if the spouse dies you can be taken into consideration and some (not all) have gotten citizenship still. I applied 2 years and about 210 days. I got my interview a week before my 3 year PR date. I wasn't allowed to do the oath after passing the interview, but I was able to get that all out of the way and got my oath letter and ceremony a few months later. So that should give you an idea...

Edited August 21, 2007 by warlord

[lucyrich 20]

By the way naturalization and US citizenship have the same meaning?

I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

That's generally true, as long as you've been married and living with the same US Citizen spouse for three full years (not two years and nine months) at the time you file. Whether the card started out being conditional or not makes no difference. It also makes no difference how you got the card (work, marriage, visa lottery, whatever).

No, you can apply after 2 years and 300 days (3 years minus 60 days (not 3 months)) before your PR date, you just can't be naturalized before the 3 years, but you can most definatly apply early. Also in some cases you do not have to be married still. Such cases as domestic abuse or if the spouse dies you can be taken into consideration and some (not all) have gotten citizenship still. I applied 2 years and about 210 days. I got my interview a week before my 3 year PR date. I wasn't allowed to do the oath after passing the interview, but I was able to get that all out of the way and got my oath letter and ceremony a few months later. So that should give you an idea...

It's in the M-476, as well as various statutes and regulations. If you otherwise qualify, you can file up to 90 days (not 60 days, not three months) before you meet the continuous residence requirement. You're right, you can't be naturalized before you meet the continuous residence requirement, but you can apply. The "apply 90 days early" comes from 8 CFR 334.2. But in order to apply based on the three year continuous residence requirements, you must have been married and living together in valid marital union for three full years at the time you apply, and there's no 90 day shortcut available for the marriage requirement. That requirement comes from INA 319(a). The 90 day shortcut on continuous residence, as well as the fact that there's no 90 day shortcut for the three years of living together in valid marital union, is summarized on the box at the bottom of page 22 of the M-476:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

[lucyrich 20]

Thanks guys for all yr replies, I would like to ask Lucy about the request to become US citizen, it must be done after the 2 year green card, or the 10 year green card? Thaks again!!!!

The time starts counting with whatever green card you got first. Whether it was conditional or not doesn't matter. If you're subject to a three year continuous residence requirement (many people here are), and if you first got a two-year conditional green card (many people here did), then you'll have to file for removal of conditions approximately a year before you can file for naturalization.

[warlord 73]

Yes 90 days not 60, I was mis typing that...