Citizenship eligibility (through marriage)

D

darko

Registered Users (C)
Hi,

I got married in January 2007. Received my conditional green card in December 2007. I am going to be applying to lift my conditions coming September. Now I have 2 questions:

1) Do I wait to apply for US citizenship after I have been married 3 years or after I had green card for 3 years? Because for me there is 9 months difference between those 2. Also, do I apply 90 days before the anniversary of either of those 2?

2) How does removing conditions play into this? If I am able to apply after being married 3 years then that means I could apply for citizenship in October 2009 while my "conditions removal" application is pending? Or do you always wait till that's done first?

Thanks.
 
darko said:
Hi,

I got married in January 2007. Received my conditional green card in December 2007. I am going to be applying to lift my conditions coming September. Now I have 2 questions:

1) Do I wait to apply for US citizenship after I have been married 3 years or after I had green card for 3 years? Because for me there is 9 months difference between those 2. Also, do I apply 90 days before the anniversary of either of those 2?

2) How does removing conditions play into this? If I am able to apply after being married 3 years then that means I could apply for citizenship in October 2009 while my "conditions removal" application is pending? Or do you always wait till that's done first?

Thanks.
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1. You are eligible after 3 years of marriage and not 90 days before 3rd anniversary.

2. you can apply for N400 while condition removal is pending, however no final decision will be made until conditional status is removed. (I would personally wait until I have LPR)
 
Assuming you have date of Dec 2007 on your card, thats the date you are permanent resident since. That means you are eligible to apply for naturalization in Dec 2010. You can apply for naturalization upto 90 days before the Dec 2010 date assuming other Nat conditions are met and are married and living with same USC spouse. You have to apply to remove conditions regardless and you can apply for Naturalization while the application to remove conditions is pending.
 
Hrm, that's conflicting information ;-D

So, is it 3 years of marriage or 3 years of having permanent residence or both?
 
Bobsmyth said:
3 years of marriage to a USC and 3 years of being LPR.
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Are you sure about this? I always thought 3 years applied to lenght of marriage to USC and not necessarily LPR status, eventhough AOS approval is prerequisite to being able to file N400.
 
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formerf1 said:
Are you sure about this? I always thought 3 years applied to lenght of marriage to USC and not necessarily LPR status, eventhough AOS approval is prerequisite to being able to file N400.
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Here's what INA 319(a) says:

a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
 
Triple Citizen said:
3 years of marriage and 3 years, sans 90 days, of LPR status.
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Then that implies one cannot file N400 while conditional status removal application is pending. In other words you need to have condition removed and be LPR and then wait 3 years sans 90 jours.
 
formerf1 said:
Then that implies one cannot file N400 while conditional status removal application is pending. In other words you need to have condition removed and be LPR and then wait 3 years sans 90 jours.
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You can still file N400, but N-400 cannot be adjudicated before conditions have been removed. For example, someone with a pending i-751 may already technically be a LPR for 3 years and is therefore eligible to apply.
 
One can submit an N-400 while having a pending I-751. However the N-400 cannot be adjudicated until the I-751 is.

formerf1 said:
Then that implies one cannot file N400 while conditional status removal application is pending. In other words you need to have condition removed and be LPR and then wait 3 years sans 90 jours.
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darko said:
Hrm, that's conflicting information ;-D

So, is it 3 years of marriage or 3 years of having permanent residence or both?
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Look at this way.

1.You are LPR since Dec 2007. So you are generally eligible to apply N400 in Dec 2010 - assuming you want to base N400 on being married to USC.

2. Now, check to see by the time you want to apply (Dec 2010), are you married to and living with same USC for 3 years? If Yes, you can apply.

3. You want to take advantage of 90 day rule ? Sure. Move the Dec 2010 date 90 day upfront. Probably to October 2010 (give some room).

4. Now, check to see by the time you want to apply (Oct 2010), are you married to and living with same USC for 3 years? If Yes, you can apply.
 
Bobsmyth said:
Here's what INA 319(a) says:

a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
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I see. I have seen many people file N400 while I-751 is pending. One become LPR only after condition is removed, I am right ?
 
Triple Citizen said:
3 years of marriage and 3 years, sans 90 days, of LPR status.
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Yes. It is important to realize that the "minus 90 days" part only applies to the 3 years of LPR, not the 3 years of marriage. Some people are unaware of the distinction and they apply at 90 days before their 3-year wedding anniversary and get rejected for applying too early. They didn't realize that the full 3 years of marriage is required and that the spouse must have been a USC for the entire 3 years.
 
So from all your replies I understand that basically I have to satisfy both 3 years of living/married together AND 3 years of having been permanent resident. So I guess I am screwed and have to wait till Dec 2010 (-90 days).

Thank you for all your help.
 
Lol, point taken. Yes, I know, I heard/read about some horror stories :-[. Thanks for your help guys ;-)
 
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