Citizenship timeframe-marriage

B

beanie376

Registered Users (C)
First let me say this forum is fantistic, it helps remove a lot of the questions and confusion that this process holds. I am recently married to an asylee who has not yet received his green card. I wanted to know when would he be eligible for citizenship, we were married in September 2005. Let's say he gets his green card in December 2005 and if it's backdated one year to December 2004. When could he apply for citizenship, he has one year on his own then two with the marriage? Making him eligible in September 2007? (because of the 2 yrs 9 months)

Thanks :)
 
beanie376 said:
First let me say this forum is fantistic, it helps remove a lot of the questions and confusion that this process holds. I am recently married to an asylee who has not yet received his green card. I wanted to know when would he be eligible for citizenship, we were married in September 2005. Let's say he gets his green card in December 2005 and if it's backdated one year to December 2004. When could he apply for citizenship, he has one year on his own then two with the marriage? Making him eligible in September 2007? (because of the 2 yrs 9 months)

Thanks :)
Click to expand...

Yes in your hypho he would be eligible to file in September 2007 AS LONG AS you two have been married for the past 2 years and 9 months. In other words the marriage has to have been entered on or before December 2004. I am of course assuming that you have been a US citizen since at least December 2004.
 
If he got GC-asylum based in Dec 2005 and his GC is backdated Dec 2004,He will be elegible to apply for citizenship in Sep 2009(4 years and 9 months" normally 5 years").
If he wants to apply for citizenship based on marriage to a US citizen,he needs to obtain a GC via marriage and here,it takes 2 years and 9 months( normally 3 years) from the date his application will be granted.
____________________________
Time line
Asylum Granted :Aug 20,2000
RD -I-485 :Aug 22,2001
Fingerprint :Jul 27,2004
RFI :Jul 21,2005
RFI received by uscis:Aug 09,2005
Bio :Jul 25,2005
Bio done :Aug 10,2005
RFE(I-602"False document,1 year presence,Travels):Aug 30,2005
RFE received by uscis :Sep 07,2005(Via express mail)
Approval : Sep 15,2005
GC received :Sep 20,2005(Backdated Sep 15,2004,Category AS6)
Citizenship :June 16,2009
Back Home :June 02,2010.
 
If person gets G.C. through asylum and than spouce becomes Citizen , If person wants to apply for citizenship based on marriage to a US citizen, can he apply for citizenship after 3 years? or person has to wait for 4 years and 9 months from the day got the G.C.

Thanks everyone.
 
cadel said:
If he got GC-asylum based in Dec 2005 and his GC is backdated Dec 2004,He will be elegible to apply for citizenship in Sep 2009(4 years and 9 months" normally 5 years").
If he wants to apply for citizenship based on marriage to a US citizen,he needs to obtain a GC via marriage and here,it takes 2 years and 9 months( normally 3 years) from the date his application will be granted.
____________________________
Time line
Asylum Granted :Aug 20,2000
RD -I-485 :Aug 22,2001
Fingerprint :Jul 27,2004
RFI :Jul 21,2005
RFI received by uscis:Aug 09,2005
Bio :Jul 25,2005
Bio done :Aug 10,2005
RFE(I-602"False document,1 year presence,Travels):Aug 30,2005
RFE received by uscis :Sep 07,2005(Via express mail)
Approval : Sep 15,2005
GC received :Sep 20,2005(Backdated Sep 15,2004,Category AS6)
Citizenship :June 16,2009
Back Home :June 02,2010.
Click to expand...
my friend I agree with you at one hundred percent because that what the law said regarding citizenship time table you gotta right PS: I know a lot of people will try to prove you wrong but it what it is I wouldn't mind them at all and you are right :D
 
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cadel said:
If he got GC-asylum based in Dec 2005 and his GC is backdated Dec 2004,He will be elegible to apply for citizenship in Sep 2009(4 years and 9 months" normally 5 years").
If he wants to apply for citizenship based on marriage to a US citizen,he needs to obtain a GC via marriage and here,it takes 2 years and 9 months( normally 3 years) from the date his application will be granted.
____________________________
Time line
Asylum Granted :Aug 20,2000
RD -I-485 :Aug 22,2001
Fingerprint :Jul 27,2004
RFI :Jul 21,2005
RFI received by uscis:Aug 09,2005
Bio :Jul 25,2005
Bio done :Aug 10,2005
RFE(I-602"False document,1 year presence,Travels):Aug 30,2005
RFE received by uscis :Sep 07,2005(Via express mail)
Approval : Sep 15,2005
GC received :Sep 20,2005(Backdated Sep 15,2004,Category AS6)
Citizenship :June 16,2009
Back Home :June 02,2010.
Click to expand...


I would disagree with you. Read the N400 application.

Part 2. Information About Your Eligibility (Check Only One)

I am at least 18 years old AND
I have been a Lawful Permanent Resident of the United States for at least 5 years.
B. I have been a Lawful Permanent Resident of the United States for at least 3 years, AND
I have been married to and living with the same U.S. citizen for the last 3 years, AND
my spouse has been a U.S. citizen for the last 3 years.
C. I am applying on the basis of qualifying military service.
D. Other (Please explain)

You would pick B.
 
Thanks everyone, just to clarify I am a US Citizen born and raised here now married to an asylee. Per a conversation with the National Service Center they told me the time starts ticking once the green card is received. They said we don't have to notify them of the marriage unless we want to, and if he is married it would be three years from the date of the green card. I wanted to make sure that the year in between where we were not married would still count towards the 3? Based on the timeframe of processing cases we are choosing not to spend the money on the additional I485.

Thanks Again

Asylum Granted :Nov, 1999
RD -I-485 :Nov 2002
RFI :Aug 19, 2005
RFI received by uscis:Sep 28,2005
Bio :Sep 28,2005
Bio done :Oct 1,2005
LUD: Oct 3, 2005
 
It does not matter how you obtained the green card. You can use the three years rule if you meet the requirements stated in my earlier post.


copper1 said:
I would disagree with you. Read the N400 application.

Part 2. Information About Your Eligibility (Check Only One)

I am at least 18 years old AND
I have been a Lawful Permanent Resident of the United States for at least 5 years.
B. I have been a Lawful Permanent Resident of the United States for at least 3 years, AND
I have been married to and living with the same U.S. citizen for the last 3 years, AND
my spouse has been a U.S. citizen for the last 3 years.
C. I am applying on the basis of qualifying military service.
D. Other (Please explain)

You would pick B.
Click to expand...
 
Yes this is confusing? I mean we were married Sep 2005, if he receives his green card December 2005 for example and it's backdated to December 2004. From Dec 2004 the time starts ticking so he would have almost one year of time here then the date we got married picks up in Sep 2005. So all together 3 years, right?

Also does anyone think we should apply for the green card based on marriage. We feel the green card should be coming soon and didn't want to waste the money?

Thanks
Beanie
 
beanie376 said:
Yes this is confusing? I mean we were married Sep 2005, if he receives his green card December 2005 for example and it's backdated to December 2004. From Dec 2004 the time starts ticking so he would have almost one year of time here then the date we got married picks up in Sep 2005. So all together 3 years, right?

Also does anyone think we should apply for the green card based on marriage. We feel the green card should be coming soon and didn't want to waste the money?

Thanks
Beanie
Click to expand...
way don't you talk to a immigration lawyer for more details on your case :)
 
The last time I called one he was a total jerk about me asking questions, even though he was supposed to provide free legal aid. I think we got it now. Thanks everyone.

Beanie
 
let me add this. at the day of application for your partner

1.you need to be a citzen for atleast 3 years
2. you need to have been married for atleast 3 years and
3. he/she has been with a green card for 3 years.
it does not matter how you get your green card. so if it is back dated to December 2004, you can apply for his citzenship after 2year and 9 month from the day of approval that you see in the Green card
hope this will help
 
qsheba said:
let me add this. at the day of application for your partner

1.you need to be a citzen for atleast 3 years
2. you need to have been married for atleast 3 years and
3. he/she has been with a green card for 3 years.
it does not matter how you get your green card. so if it is back dated to December 2004, you can apply for his citzenship after 2year and 9 month from the day of approval that you see in the Green card
hope this will help
Click to expand...
You gotta right but ONLY if he/she got that GC through marriage with a us citizene because this section of law is applicable under category class (K-1) and not applicable under category class (as-6) or else :) for more details check with your local INS office because they the one dealing with G.C through marriage :) in the future it easy and better to do that when you are under category class (A-05) and feel you (I-485 )through marriage to obtain a G.C of category class (K-1) instead of (AS-6) it even faste . :)
 
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