I am married to a US citizen, and I am aware of the rules regarding when I can apply for citizenship. I entered the USA 5 years ago and married immediately (as the K1 instructs). I received my conditional permanent residency, and applied for removal of the "conditional" status after the two year period. Because of the huge delay in processing these cases, we have only just had our interview. The result of the interview was a recommendation for removing the conditional status, but we will have to wait again as new regulations mean the CIA performs another background check (understandable after 9/11). My status has been extended for another year while this takes place. Are we able to file for citizenship at this stage, or must we wait possibly another year for the background check and the completion of my current application?
Law Offices of Rajiv S. Khanna, P.C.
Citizenship while removing conditional status
- Thread starter baldbrit
- Start date
Your Case - A long reply!
In my case I had a good immigration lawyer handling my case. When I got married, I filed immediately and got scheduled for an interview about three months after. It was on that interview date that I became officially a Conditional Permanent Resident. When it was time for me to apply for removal of conditions, we did that and I got an approval notice (form I89 I believe) to only supply photos w/approval notice. This was mainly because we had and supplied so much proofs of a legitimate relationship. So I did that almost two and half years ago and I am still waiting for what is called the Plastic Green Card! So I have been getting those I551 stamps on my passport every year.
Anyways, it had come the time for my citizenship and I applied for it. The FPing took almost 5 months to get the notice/schedule (maybe due to Sep 11 tragedy). About three months after FPing, I got the interview scheduled for me in May 02!
I can\'t wait to get done with this nightmare.
However, I am confused on how you could become a permanent resident without the interview! (Unless it\'s a second interview)
In your case I am very certain on one thing for sure and it\'s backed by INS\'s Guide to Naturalization:
"If you are currently married to and living with a U.S. citizen
AND have been married to and living with that same U.S. citizen for the past 3 years AND your spouse has been a U.S. citizen for the past 3 years AND you have been a Permanent Resident for 3 years without leaving the United States for trips of 6 months or longer"
If you meet the above conditions, which you seem too based on what you mentioned, then you should apply as soon as possible. Seek a good immig. lawyer if you can afford it (at least for the paperwork portion).
Good luck.
In my case I had a good immigration lawyer handling my case. When I got married, I filed immediately and got scheduled for an interview about three months after. It was on that interview date that I became officially a Conditional Permanent Resident. When it was time for me to apply for removal of conditions, we did that and I got an approval notice (form I89 I believe) to only supply photos w/approval notice. This was mainly because we had and supplied so much proofs of a legitimate relationship. So I did that almost two and half years ago and I am still waiting for what is called the Plastic Green Card! So I have been getting those I551 stamps on my passport every year.
Anyways, it had come the time for my citizenship and I applied for it. The FPing took almost 5 months to get the notice/schedule (maybe due to Sep 11 tragedy). About three months after FPing, I got the interview scheduled for me in May 02!
I can\'t wait to get done with this nightmare.
However, I am confused on how you could become a permanent resident without the interview! (Unless it\'s a second interview)
In your case I am very certain on one thing for sure and it\'s backed by INS\'s Guide to Naturalization:
"If you are currently married to and living with a U.S. citizen
AND have been married to and living with that same U.S. citizen for the past 3 years AND your spouse has been a U.S. citizen for the past 3 years AND you have been a Permanent Resident for 3 years without leaving the United States for trips of 6 months or longer"
If you meet the above conditions, which you seem too based on what you mentioned, then you should apply as soon as possible. Seek a good immig. lawyer if you can afford it (at least for the paperwork portion).
Good luck.
Thanks!
Thanks for the reply. I think I may just go ahead and send in my application.
I am sorry for the confusion I caused regarding the interviews. I *have* had the interviews. Since being married I was interviewed to make sure that the marriage did take place and was real. This confirmed my status as a Conditional Permanent Resident. The interview I had last week was to remove the conditional status. The problem is that because of 9/11 they could not give me approval without further CIA checks. All they have been able to do is recommend approving my application, and stamped my passport again. Let\'s hope the CIA move quickly
Good luck to you with the remainder of the process!
Thanks for the reply. I think I may just go ahead and send in my application.
I am sorry for the confusion I caused regarding the interviews. I *have* had the interviews. Since being married I was interviewed to make sure that the marriage did take place and was real. This confirmed my status as a Conditional Permanent Resident. The interview I had last week was to remove the conditional status. The problem is that because of 9/11 they could not give me approval without further CIA checks. All they have been able to do is recommend approving my application, and stamped my passport again. Let\'s hope the CIA move quickly
Good luck to you with the remainder of the process!
IMMIG2002, please answer my question
My wife is a US citizen. And I\'m married to her for more than 3 years, and I applied for change of status recently. When my case is approved am I going to get Conditional GC or real plastic card. My question is do I have to apply for removal of conditional status since we are married for more than 3 years.
Answer really appriciated.
My wife is a US citizen. And I\'m married to her for more than 3 years, and I applied for change of status recently. When my case is approved am I going to get Conditional GC or real plastic card. My question is do I have to apply for removal of conditional status since we are married for more than 3 years.
Answer really appriciated.
FYI
Acording to the infomation, If you were married for more than two yers before apply, you shoould get a "permant" card not conditional.
http://www.ins.usdoj.gov/graphics/howdoi/legpermres.htm#elig
Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information.
(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)
Acording to the infomation, If you were married for more than two yers before apply, you shoould get a "permant" card not conditional.
http://www.ins.usdoj.gov/graphics/howdoi/legpermres.htm#elig
Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information.
(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)
Depends
When the INS gives you the first stamp (I551 stamp) on your passport, this would be the date you became a permanent resident (conditional or not). In my case, we filed in June; we got scheduled for an interview in September. That\'s when I got the first stamp (I-551). I base all my residency dates on it. So when you look at the citizenship requirements (Guide to Naturalization), they ask that you have been a permanent resident for 3 years and been married to and living w/the same US citizen spouse for 3 years also. You will have to meet those to conditions. In my case again, at the time I applied, I had been married for three years and two months. My Permanent Resident status was measured, as I mentioned earlier, from the date the INS stamped my passport for the first time (September). So it DOES NOT MATTER if it was conditional or not. I had to struggle too to get this point cleared out for me. As you might know, you can apply 90 days before the 3rd year of being a PR (like I did). In my case, I applied in June. Now I have my citizenship interview scheduled for next month.
Hope this answers you question.
When the INS gives you the first stamp (I551 stamp) on your passport, this would be the date you became a permanent resident (conditional or not). In my case, we filed in June; we got scheduled for an interview in September. That\'s when I got the first stamp (I-551). I base all my residency dates on it. So when you look at the citizenship requirements (Guide to Naturalization), they ask that you have been a permanent resident for 3 years and been married to and living w/the same US citizen spouse for 3 years also. You will have to meet those to conditions. In my case again, at the time I applied, I had been married for three years and two months. My Permanent Resident status was measured, as I mentioned earlier, from the date the INS stamped my passport for the first time (September). So it DOES NOT MATTER if it was conditional or not. I had to struggle too to get this point cleared out for me. As you might know, you can apply 90 days before the 3rd year of being a PR (like I did). In my case, I applied in June. Now I have my citizenship interview scheduled for next month.
Hope this answers you question.