Bringing my Parents to US

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vaitbajram

Registered Users (C)
Hi
I was granted asylum in 2001, and got my GC december 2004. I married US citizen on July 2006. I have 2 questions:
1. When can I apply for US passport and
2. When can I apply for bringing my parents in US?

I appreciate your help
 
1. I guess the question is when you can naturalize. You have to naturalize before you can apply for a passport. You would need to file a N-400 in order to start your naturalization process. There was a thread about asylum cases and when the time starts to count for naturalization. I don't remember the end of it. Worst case scenario should be three years after you married the U.S. citizen, but by that time you would almost qualify for 5 years application.
2. After you become a citizen which means you have to go through the naturalization process. Then there are a few strategies which are probably best to be asked in the family immigration forum. I think some people get their parents in around the time of taking the oath, then apply immediately for I-130 and I think I-485, but don't take my word for it. I haven't done it and I am not sure about the process.
 
vaitbajram said:
Hi
I was granted asylum in 2001, and got my GC december 2004. I married US citizen on July 2006. I have 2 questions:
1. When can I apply for US passport and
2. When can I apply for bringing my parents in US?

I appreciate your help
Click to expand...

1. You can apply for naturalization either 5 years from the "resident since" date on your GC, or 3yrs from the date of your marriage to a USC (since you were already an LPR), whichever is sooner. My suggestion would be apply through the '5yr' route as there is less paperwork and no need to prove the bona fide marriage thing. On the 5yr route (only), you would also be able to apply 90 days early. Once you get your natz certificate, you can apply for a US passport.

2. Some time after you become a USC and have an approved I-130 and your parents complete consular processing. Currently that process takes about 9-12 months depending on location and choice of consulate.
 
I think you are a little bit wrong here.

I think you should include this also in your statement.

If you are applying based on five years as a Lawful Permanent Resident or based on three years as a Lawful Permanent Resident married to a U.S. citizen, you may apply for naturalization up to 90 days before you meet the ''continuous residence'' requirement. You must meet all other requirements at the time that you file your application with us.





boatbod said:
1. You can apply for naturalization either 5 years from the "resident since" date on your GC, or 3yrs from the date of your marriage to a USC (since you were already an LPR), whichever is sooner. My suggestion would be apply through the '5yr' route as there is less paperwork and no need to prove the bona fide marriage thing. On the 5yr route (only), you would also be able to apply 90 days early. Once you get your natz certificate, you can apply for a US passport.

2. Some time after you become a USC and have an approved I-130 and your parents complete consular processing. Currently that process takes about 9-12 months depending on location and choice of consulate.
Click to expand...
 
action123 said:
I think you are a little bit wrong here.
Click to expand...

No, not wrong given the OP's stated circumstances. As a general answer it would be incomplete for the reasons you stated, however since the OP got married after gaining LPR, his periods of continuous residence and marriage to a USC do not coincide. As you rightly pointed out, "90 days early" is only applicable to the continuous residence portion of the eligibility. Since the 3yr marriage eligibility is attained later, the 90 day period does not apply.

Anyway, maybe I didn't explain myself very well, but that was what was going through my mind at the time.

Triple Citizen said:
You can submit an N-400 in July 2009 (if going the 3 year route) or September 2009 (if going the 5 year route).
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Agree on the 3yr date, but not so sure we have sufficient information to know the answer for the 5yr date. Isn't there a 1yr "bonus" given to asylee cases? From what I've read here, I think its typical that the 'resident since' date will be 1yr prior to the actual I-485 approval.
 
Actually whatever date in your GC is the one year prior to the approval.
Anyway after waiting for 5 years for a gc i think the date should back date to 3 years at least :)


boatbod said:
No, not wrong given the OP's stated circumstances. As a general answer it would be incomplete for the reasons you stated, however since the OP got married after gaining LPR, his periods of continuous residence and marriage to a USC do not coincide. As you rightly pointed out, "90 days early" is only applicable to the continuous residence portion of the eligibility. Since the 3yr marriage eligibility is attained later, the 90 day period does not apply.

Anyway, maybe I didn't explain myself very well, but that was what was going through my mind at the time.



Agree on the 3yr date, but not so sure we have sufficient information to know the answer for the 5yr date. Isn't there a 1yr "bonus" given to asylee cases? From what I've read here, I think its typical that the 'resident since' date will be 1yr prior to the actual I-485 approval.
Click to expand...
 
With the one-year backdate given to asylum cases, 5 years for the OP would be December 2008, minus 90 days would bring it to September 2008.

For marriage based, the marriage has to be at least 3 years old so that would be July 2009.

If the non-marriage date is earlier, equal, or slightly later than the marriage-based date, I would suggest applying applying via the non-marriage route to reduce the chance of invasive questions about the marriage.
 
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