Converting Green Card to Citizenship

J

jscarroll

New Member
I am a UK Citizen, married to a US citizen. I got my Green Card in December 2004 (13 months ago) and we have lived permanently in the USA since December 2004.

Am I correct in thinking that I can apply for US Citizenship 3 years after obtaining my Green Card - i.e. in December 2007 (provided we are still married & permanent residents!) ?

Also - how long does it take to obtain Citizenship once you've applied for it, for someone with my status?

What is the earliest I can START the application process - do I have to wait for 3 years until I start the process - or can I start it sooner? (i.e. If it takes, say, 6 months to process a Citizenship application, is it possible to start applying 6 months prior to the 3 year date?)

Any help/advice/tips/ideas of time frame would be hugely appreciated! :)
 
you need to be a PR for 3 yrs and as well as married with the same US Citizenship for at least 3 yrs.

download the instruction from this page to understand all the requirements

http://uscis.gov/graphics/formsfee/forms/n-400.htm

you can also view this sticky post -- http://boards.immigrationportal.com/showthread.php?t=143237

after you read those links, and if you still have questions, feel free to ask. the best way to learn and deal with naturalization is read posts, and use the search to find your answers
 
jscarroll said:
i.e. If it takes, say, 6 months to process a Citizenship application, is it possible to start applying 6 months prior to the 3 year date?
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the processing time has nothing to do for applying the citizesnhip sooner. read the guideline.

By the way, in some situations, it might require more than 1 yr to process a citizenship application, you would not think they would allow them to apply it 1 yr prior to the 3 yr (or 5 yrs) date, would you?
 
jscarroll said:
I am a UK Citizen, married to a US citizen. I got my Green Card in December 2004 (13 months ago) and we have lived permanently in the USA since December 2004.
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Hi. I'm a UKC married to USC also. Well actually I'm a USC now too (since December)... hasn't really sunk in yet!

What is the earliest I can START the application process - do I have to wait for 3 years until I start the process - or can I start it sooner?
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You can apply 90 days before the 3 year anniversary of your Green Card issue date, but no sooner.

Also - how long does it take to obtain Citizenship once you've applied for it, for someone with my status?
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As has been said, it can take over a year. However, it can also be fairly quick. The whole process only took four months for me, through the Baltimore office. I'm inclined to think that marriage based cases are more clear cut and can be processed quicker but I have no proof to back that up with.
 
jeremai said:
You can apply 90 days before the 3 year anniversary of your Green Card issue date, but no sooner.
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NOT TRUE. The 90 day rule does not apply to those qualifying based on 3 year marrriage (to the same USC) as Lawful Permanet Resident.
 
JoeF said:
That is wrong. The 90-day rule applies in this case as well. 8 CFR 334.2:
"(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under Section 316(a) or 319(a) of the Act."
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But the 90 days cannot be used to reduce the 3-yr marriage requirement. In the words of the USCIS:

"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."

Source: Form M-476 p. 22
 
Sand Diego said:
But the 90 days cannot be used to reduce the 3-yr marriage requirement. In the words of the USCIS:

"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."

Source: Form M-476 p. 22
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May be an example (or 2 examples) would help

-- To show it is NOT OK to apply 90 days prior 3 yrs PR anniversiary

Alient has been married with the same USC since Dec 2004
Alient got his PR on Dec 2004
Alient is eligible to apply his citizenship after Dec 2007, and NOT BEFORE his 3 yrs PR anniversity. It is because he needs to married with the same USC for at least 3 yrs.

-- To show it is OK to apply 90 days prior 3 yrs PR anniversiary

Alient has been married with the same USC since Dec 2003
Alient got his PR on Dec 2004
Alient is eligible to apply his citizenship on Dec 2007 - 90 days. it is because by Dec 2006, he would be married with the same USC for 3 yrs; and he would apply his citizenship 90 days prior his 3 yrs PR anniversity.

Sometime, (and most of the time) it is easy to understand thru examples along with the laws and rules.
 
Sand Diego said:
NOT TRUE. The 90 day rule does not apply to those qualifying based on 3 year marrriage (to the same USC) as Lawful Permanet Resident.
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WRONG.The 90 days rule applies to applicants based on 3 year marriage to the same USC since it took applicants more than 3 months to get theirs Green cards.
 
JoeF said:
It is well known that all the other requirements have to be fulfilled at the time of filing the N-400.
For marriage-based cases, that is usually not a problem, since it takes a while to get the GC after marriage. So, in almost all cases, the 3-year marriage requirement will be fulfilled well before the 3-year minus 90 days residency requirement is fulfilled.
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Nowhere the original poster said that the GC was marriage based. As far as we know, the marriage to the USC could have been last week.

Marriage-based naturalizations (using the 3 yr rule) do NOT need to follow a permanent residence based on marriage to an USC. Even in the latter case, the PR could have been obtained thru consular processing before 90 days from the wedding.

If everything that it is well-know were really well-know, the poster question, as most other threads, would have been unnecessary. Don't be so condescending and do not make so many assumptions.
 
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cadel said:
WRONG.The 90 days rule applies to applicants based on 3 year marriage to the same USC since it took applicants more than 3 months to get theirs Green cards.
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Not so simple. Read ocworker post above.
 
JoeF said:
And ocworker posted the appropriate information in the second post on this thread: "you need to be a PR for 3 yrs and as well as married with the same US Citizenship for at least 3 yrs."
That's the correct answer. Your answer was wrong, at least without the qualifier that the person has to be married to the US citizen for 3 years (and the US citizen had to be a US citizen for 3 years.)
It is you who was condescending and posting wrong or at least incomplete information. I suggest you acknowledge that instead of trying to pick a fight with me...

So, let's recap: you posted "The 90 day rule does not apply to those qualifying based on 3 year marrriage (to the same USC) as Lawful Permanet Resident."
Which is clearly wrong. The 90 day rule applies, and just like with 5-year minus 90 day applications, all other requirements have to be fulfilled (which you didn't even mention.) One of the requirements is indeed that the person has to be married and living in marital union with the same US citizen for 3 years. Another requirement is that the person has to have been physically present in the US for 18 months. Yet another is that the person has to reside in the district for at least 3 months...
I corrected you, and you throw a tantrum... and claim you didn't mean what you said...
If you don't want to be corrected, don't post wrong information and say what you mean...
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I AGREE WITH YOU.Our folk went to fast and got wrong by answering a question he didn't know much about.He should recognize the fact.Willing to get right by going deeper to argument or changing the real fact of the subject is not what we're supposed to do.We all come to this forum to learn some...If you know some,say some to help others.If you don't know some,learn some from folks and if you say something wrong that you make believe is right,admit correction from folks.

CADEL
 
Sand Diego said:
Marriage-based naturalizations (using the 3 yr rule) do NOT need to follow a permanent residence based on marriage to an USC. Even in the latter case, the PR could have been obtained thru consular processing before 90 days from the wedding.
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I am not sure what you mean.

If a subject applies the citizenship thru marriage with a USC, he/she needs to be

1) have been married with same USC for at least 3 yrs

AND

2) have been PR for 3 yrs; however, he/she can apply the citizenship provided he/she has already fulfilled (1) already, so it would be 3 yrs PR anniversiary - 90 days.
 
JoeF said:
....without the qualifier that the person has to be married to the US citizen for 3 years (and the US citizen had to be a US citizen for 3 years.)
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I totally forgot this point (need to keep it in my mind thou. it is because eventually, I will bring my wife (after we get married) to US, and she will fill her citizenship in the future. At least, I have been a US citizen since sept 2005, and it does give me some advanages when it comes to her turn filing n400. i know it is too far away, but i just want to remind myself as it is (being as a US citizen for at lesat 3 yrs) a requirement too)
 
JoeF,
Stop your tantrum. I misstated that the 90 day rule does not apply. It does indeed apply, but the point remains: One must still fulfill the 3 years of continuous and current marriage to the same USC as a PR. Again, you do not need to be childish, particularly when you have posted information based on assumptions that could have resulted on incorrect advice if, for instance, the original poster got married to the USC last summer.

I have defended you in the past, but you need to grow up.
 
cadel said:
I AGREE WITH YOU.Our folk went to fast and got wrong by answering a question he didn't know much about.He should recognize the fact.Willing to get right by going deeper to argument or changing the real fact of the subject is not what we're supposed to do.We all come to this forum to learn some...If you know some,say some to help others.If you don't know some,learn some from folks and if you say something wrong that you make believe is right,admit correction from folks.

CADEL
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You just don't get it, eh? JoeF statement, while technically true, would lead to early filings as he forgets to mention that 3yrs of marriage as PR still need to me met befor filing.
 
Need a clarification about applying for citizenship

If X was granted PR i.e. Green Card in 1st January 2004, X has to wait till 1st October 2008 (3months less than 5 years) to apply for Citizenship. This PR is not through marriage, it is received through family application (X was below 18 and someone in X's family . Now X has been studying in USA (which means continuous stay in USA for all the time).
Am I correct about the time limit of 5 years or is there any exception (I heard someone as telling 30months staying and then X will be eligible for citizenship application).
Thanks in advance.
 
Hello everyone,
It is great to see a thread following N400 timeline in New Jersey.
I am a permanent resident since Aug,1998 but was staying in India most of the times(on Re-entry permit) while maintaining a permanent address here till 2002. I came here on Aug 9,2002 and have been in the USA since then. I have taken 2 trips to India since 2002 and that too just for 2-3 months.

What is the earliest I can apply for my citizenship? I have heard about Four Year + 1 Day rule but I am not sure about it. Does this mean I can apply for my citizenship on Aug 10,2006?

Any suggestions would be helpful.

Thanks
patkt
 
Hi JoeF,
Thank you for your response.
I was abroad for about 2 years between Aug, 1998 and Aug, 2002.
After Aug 9,2002 till present Jan,2006 I have been abroad only for 2 trips for 2-3 months.
I am aware that I cannot apply 90 days earlier.
Can I apply 2 days after my 4 years in US are over? That would Aug 11,2006?

Thanks for your help,
patkt
 
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