Re: Cspa

[cesslim]

I am just confused with the CSPA memo. Probably someone can help me out regarding my son's petition. I petitioned him last August 2006 (he was 19 then) and it is still pending up to now. They are now processing Jan 2005 and for sure it will still take time for my son's approval. He is now 21 yrs old so I don't know if my petition to him will be change from F2A to F2B, or will it be under CSPA where my petition will stay to F2A.

Also, when can I file for citizenship? Is it 3 years of being married to USC (I got married Oct 2005) or is it 3 years after I got the GC (I got my GC July 2006)?

 

[fromnaija]

On the date when immigrant visa is available to your son (usually first of the month on which his priority date becomes current), subtract the number of months the I-130 was pending from his age at that time. If the result is 21 or less then he would be classified as a child for CSPA purposes.

 

[boatbod]

Also, when can I file for citizenship? Is it 3 years of being married to USC (I got married Oct 2005) or is it 3 years after I got the GC (I got my GC July 2006)?

In your case it will be 3yrs from obtaining GC.

The requirement is that you have at least 3yrs marriage to the same USC, and at least 3yrs as an LPR, so the clock starts from whichever event happened most recently.

 

[Triple Citizen]

3 years of conjugal cohabitation with your US spouse and 3 years (sans 90 days) of PR status. Also your US spouse must have been a US citizen for all three years.

Is it 3 years of being married to USC (I got married Oct 2005) or is it 3 years after I got the GC (I got my GC July 2006)?