Marriage based GC. Now citizenship issue

W

walk_run_bike

Registered Users (C)
Hi,

I would be filing for GC based on marriage. I read that after getting the GC I could apply for citizenship only after three years based on the existing marriage. My questions is when does the counting for three years starts?

Assume I get married on 1-Jan-2005. I get a conditional GC. I apply for permanent GC 90 days before 1-Jan-2007. Let's say that I get my permanenct (non-conditional) GC in 1-Jan-2008.

Now I want to file for citizenship. Three years counting starts from 1-Jan-2005 or 1-Jan-2007 or 1-Jan-2008.

Thanks.
- Walker
 
Walker,

Where did you find this on the web? I have been searching all over for this answer.


Here's my situation. I am a USC. Got married in Feb. 2001. Filed for my husband's I-485 in Aug. 2001.

AFter 2 APs and 3 EADs he was finally fingerprinted in May 2004.

Now, our GC interview is scheduled end of June 2004.

We believe we will be granted the permanent GC and skip the conditional GC as we have been married for over 3 years and now have an infant daughter.

My question is this: Does his time as a permanent resident begin the moment he is granted his permanent resident card or his I-485 approval considering he has skipped over the conditional GC step? It just seems so unfair that he would have to wait another three years after being married for 3 and having applied nearly 3 years ago.
 
Hi Kiska,

Does his time as a permanent resident begin the moment he is granted his permanent resident card or his I-485 approval considering he has skipped over the conditional GC step?
Click to expand...

I'm not sure if I understood the question properly. I think *he" has not yet gotten any permanent resident card since the interview is still pending. After the interview he will be issues a permanent card ( in your case it will not be conditional). Even if it's conditional it doesn't matter because he call apply for citizenship only three years after getting the green card [conditional or non-conditional doesn't matter.]

Hope it clarifies.

- Walk
 
Walk,

That clarifies it. I was optomistic that my husband could apply for citizenship the moment he got the permanent residency green card since we've been married for over three years and applied for the GC nearly three years ago as well.

Our interview will be in the Charleston, SC INS district office which currently has a 36 month processing time. And yes, because of our length of marriage, we believe he will receive the permanent residency Green card.

I have been reading several posts where some have stated that their date on their GCs are not date of issuance, but date of I-485 approval and that is when residency formally begins. It is a little confusing. I wish there were more USC citizen/family based GC info on this site.

Thanks and good luck to you!!

Kiska
 
Hi,

their date on their GCs are not date of issuance, but date of I-485 approval and that is when residency formally begins.
Click to expand...

I believe the date of I-485 approval is the date the candidate's PR begins. Either way it takes only a few weeks for the card to arrive. So there is not much difference between the date the I-485 is approved and the date card is issued.

- Walk
 
Hi,

I just had my AOS interview last week and got my I-551 stamp in my passport. At that time I asked when the clock started for the 3 year period. The immigration officer told me that it was from the date of my I-551 passport stamp.

-Todd
 
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