Time Frame To Apply Citizenship after marriage?

H

hianktap

Registered Users (C)
Hi Everyone,
The following is from the answer on FAQ page http://immigration.com/faq/uscitizen.html

Now my question is does the spouse of USC gets conditional GC "immediately" mean the day I filled for Adjustment of Status- I-485 AFTER MARRIAGE?
I got married in May 2005
I-485 (Was in US on F1 since July 2002) NOA July 2005 --- Local office is taking about 20 to 24 months to process
EVEN THEN CAN I FILE FOR Citizenship after May 2008 (Which would be 3 years of marriage to USC) assuming I satisfied all other requirement?

"What is the time-frame to get U.S. citizenship if the spouse is
an U.S. citizen?

A4 The spouse of a US citizen gets a CONDITIONAL green card "immediately"
after marriage. After 2 years, the 'conditionality' of this green card
is removed (after successfully proving to USCIS (INS) that the marriage is
legitimate). The spouse is eligible for his/her citizenship after
3 years of receiving the CONDITIONAL green card.
In a nutshell,3 years after obtaining one's green card(including the CONDITIONAL one)"
 
Now my question is does the spouse of USC gets conditional GC "immediately" mean the day I filled for Adjustment of Status- I-485 AFTER MARRIAGE?
I got married in May 2005

No, it's three years after you get approved for your GC, marriage is irrelevant, there is no immediate conditional GC, normally takes 6-12 months after a I-485 application.

]The spouse of a US citizen gets a CONDITIONAL green card "immediately" NOT TRUE
after marriage. After 2 years OF BEING A GC HOLDER, the 'conditionality' of this green card
is removed (after successfully proving to USCIS (INS) that the marriage is
legitimate). The spouse is eligible for his/her citizenship after
3 years of receiving the CONDITIONAL green card.
In a nutshell,3 years after obtaining one's green card(including the CONDITIONAL one)" EXACTLY
 
I think maybe the confusion arises because the word "immediately" appears in the law, in the context of a visa number being available "immediately" in such a case. However, the availability of a visa and the issuance are two different things (unfortunately). So, for the spouse of a USC, it is 3 years minus 90 days from the date that both 1) the green card (permanent residence visa) is approved, AND 2) The person is in the USA.

That is, if the permanent resident visa (aka green card) is issued outside the US, the clock starts ticking upon entry to the US. If it is issued inside the US, the time starts on the date the green card was approved - which will be stamped in the passport.

-Ocelot
 
3 year rule

I have a question regarding the 3-year rule:

I am currently holding a conditional GC. I will apply for removal of condition next year (I know it's still early but I like to think ahead) but I've heard that sometimes the process takes a while - even more than 12 months.

Now my question is: can I still apply for Citizenship after 3 years (minus 90 days of course) from receiving my original conditional GC even though the condition has not yet been removed (lets say I am one of those unlucky people whose case is taking longer than 12 months)??

I will appreciate your responses.

Venus
 
Last edited by a moderator:
dckaraja said:
Venus21 said:
I have a question regarding the 3-year rule:

No .You should have conditional GC removed proir to filing N-400.Remeber conditional could be denied at any stage.:rolleyes:
Click to expand...

My understanding is you can apply for N-400 any time after you meet the eligibility criteria, which are: 3 years of marriage to the same USC, and 3 years continuous residence since getting your LPR. I've not seen anything in either the rules (8.CFR) or M-476 Guide to Natz that says you must have 10-year GC.

If you know otherwise, please post a link to the source data.
Click to expand...
 
boatbod said:
My understanding is you can apply for N-400 any time after you meet the eligibility criteria, which are: 3 years of marriage to the same USC, and 3 years continuous residence since getting your LPR.
Click to expand...

Absolutely. While the CIS will not approve the naturalization application until the conditions have been successfully removed, this in and of itself is no reason to delay applying for naturalization.
 
I have seen cases where one is case is delayed due to unforseen circumstances .Which has a domino affect.Thus it is wise to remove condition proir to filing.They absolutely reject apps that have conditonal GC pending.You have to go back in line.So my 2 cents wait rather than going thru that fustration.
 
Thanks for all your replies guys.

It looks like technically I could file immediately after becoming eligible but d/t all the delays and USCIS' own mess it's better to wait. Great...
 
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