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VisaJourney.com > General Family Based Immigration Topics > US Citizenship General Discussion

Jack and Barbara
Hi,

I am still in the early stage of the journey (my fiancee just got her K1 visa approveD), but have already looked forward based off current USCIS processing times (which I know can vary). Regardless, with these estimated times I found that I would apply for AOS August 1, 2008 and would receive the conditional green card around 5/1/2009. I would apply for the I-751 to remove conditions 90 days before the 2nd year anniversary of the conditional green card, or on 2/1/2011. The I-751 at Vermont is estimated to now take 14 months, which would mean I would have my then-spouse apply for naturalization 90 days before the 3 year mark of her becoming a conditional permanent resident, or 2/1/2012.

I know the estimates are only estimates, but under this scenario, she would apply for citizenship (2/1/2012) before the conditions would be removed from her conditional 2 year green card (4/1/2012).

Can she apply for naturalization before the conditions have been removed on her conditional green card? I don't know if the 14 months that is estimated to remove conditions would pose a problem since I thought green cards were generally extended for a year, but I could be wrong.

Anyones thoughts?
BigD_LittleL
QUOTE(Jack and Barbara @ Apr 26 2008, 08:08 PM) *
Hi,

I am still in the early stage of the journey (my fiancee just got her K1 visa approveD), but have already looked forward based off current USCIS processing times (which I know can vary). Regardless, with these estimated times I found that I would apply for AOS August 1, 2008 and would receive the conditional green card around 5/1/2009. I would apply for the I-751 to remove conditions 90 days before the 2nd year anniversary of the conditional green card, or on 2/1/2011. The I-751 at Vermont is estimated to now take 14 months, which would mean I would have my then-spouse apply for naturalization 90 days before the 3 year mark of her becoming a conditional permanent resident, or 2/1/2012.

I know the estimates are only estimates, but under this scenario, she would apply for citizenship (2/1/2012) before the conditions would be removed from her conditional 2 year green card (4/1/2012).

Can she apply for naturalization before the conditions have been removed on her conditional green card? I don't know if the 14 months that is estimated to remove conditions would pose a problem since I thought green cards were generally extended for a year, but I could be wrong.

Anyones thoughts?

Try to relax. You will get gray hair at this rate. Things will likely change before then.
shawna7
QUOTE(BigD_LittleL @ Apr 26 2008, 08:24 PM) *
QUOTE(Jack and Barbara @ Apr 26 2008, 08:08 PM) *
Hi,

I am still in the early stage of the journey (my fiancee just got her K1 visa approveD), but have already looked forward based off current USCIS processing times (which I know can vary). Regardless, with these estimated times I found that I would apply for AOS August 1, 2008 and would receive the conditional green card around 5/1/2009. I would apply for the I-751 to remove conditions 90 days before the 2nd year anniversary of the conditional green card, or on 2/1/2011. The I-751 at Vermont is estimated to now take 14 months, which would mean I would have my then-spouse apply for naturalization 90 days before the 3 year mark of her becoming a conditional permanent resident, or 2/1/2012.

I know the estimates are only estimates, but under this scenario, she would apply for citizenship (2/1/2012) before the conditions would be removed from her conditional 2 year green card (4/1/2012).

Can she apply for naturalization before the conditions have been removed on her conditional green card? I don't know if the 14 months that is estimated to remove conditions would pose a problem since I thought green cards were generally extended for a year, but I could be wrong.

Anyones thoughts?

Try to relax. You will get gray hair at this rate. Things will likely change before then.

hehehe..I was thinking **Wow hes thinking ahead..I can't plan whats for dinner tomorrow..nevermind trying to figure out 4 years ahead! tongue_ss.gif
Jack and Barbara
I'm not worried about anything, just like to see all of the steps for planning purposes. The process just doesn't seem to make sense though if you can apply for citizenship before the ocnditions have been removed. The removing of conditions just seems like an extra amount to pay for an unnecessary service (it would be nice to be granted a 10 year visa to prevent this).
shawna7
QUOTE(Jack and Barbara @ Apr 26 2008, 08:36 PM) *
I'm not worried about anything, just like to see all of the steps for planning purposes. The process just doesn't seem to make sense though if you can apply for citizenship before the ocnditions have been removed. The removing of conditions just seems like an extra amount to pay for an unnecessary service (it would be nice to be granted a 10 year visa to prevent this).

When you have the conditions successfully removed from your conditional..you get your 10 year gc..then you can take your time to apply for citizenship..thats my understanding..I could be wrong though haha! maybe someone else will pop by and either yay me or nay me kicking.gif I'm going to go back to obsessing over waiting for my AP and EAD! I swear..the waiting in the last few days is the worst!

S
diadromous mermaid
If an alien is eligible to file an N-400 to naturalise, having met all the conditions, and the I-751 is still not adjudicated at the time the alien is called for the N400 interview, the I751 will be adjudicated at the Naturalisation interview.
rebeccajo
You can file for NATZ three years from the date on the greencard.

...and what mermaid said....
Jack and Barbara
QUOTE(rebeccajo @ Apr 26 2008, 10:22 PM) *
You can file for NATZ three years from the date on the greencard.

...and what mermaid said....


That's from the conditional green card, correct?
Kathryn41
yes, the time starts ticking for those 3 years when the conditional green card is approved:-).
Jack and Barbara
Thought so, thanks!
pushbrk
QUOTE(Jack and Barbara @ Apr 26 2008, 09:13 PM) *
Thought so, thanks!


You can begin the naturalization process whether conditions are removed yet or not but this doesn't negate the need to file to remove conditions. You just don't have to wait for completion if hasn't occured by the three year mark.
bibo
QUOTE(pushbrk @ Apr 27 2008, 10:44 AM) *
QUOTE(Jack and Barbara @ Apr 26 2008, 09:13 PM) *
Thought so, thanks!


You can begin the naturalization process whether conditions are removed yet or not but this doesn't negate the need to file to remove conditions. You just don't have to wait for completion if hasn't occured by the three year mark.



Can you apply before the 3 years are up? Seeing how slow the processing times are right now, 3 yrs will be up in september but ptocessing in my area is at 9 month. Can I apply from now?
Waiting4GC
QUOTE(bibo @ Apr 27 2008, 11:35 AM) *
QUOTE(pushbrk @ Apr 27 2008, 10:44 AM) *
QUOTE(Jack and Barbara @ Apr 26 2008, 09:13 PM) *
Thought so, thanks!


You can begin the naturalization process whether conditions are removed yet or not but this doesn't negate the need to file to remove conditions. You just don't have to wait for completion if hasn't occured by the three year mark.



Can you apply before the 3 years are up? Seeing how slow the processing times are right now, 3 yrs will be up in september but ptocessing in my area is at 9 month. Can I apply from now?



You can apply 90 days before your 3 year anniversary. In your case sometime in Jun or Jul.
NickD

Times have sure changed since my grandfather came here over 120 years ago, the people at Ellis Island processed everything by hand, had very neat printing, could take strange sounding names and do a phonetic spelling, and handled millions of cases. From the time my grandfather arrived at Ellis Island was naturalized about six weeks later taking night courses sponsored by the government. Don't recall seeing any fees on his applications.

Today is a two step process, first you have to become a permanent resident, but if married for less than two years, that becomes a conditional permanent resident and get a green card with a two year expiration date. You still are a permanent resident however with an expired card, but you cannot legally work nor travel, nor drive a vehicle.

Ha, suppose if you were a multimillionaire wouldn't make any difference, chauffeur driven limo, and could invite congressman to your mansion to have an influence on politics. Not sure about travel, what the heck, invite a senator along in your private jet. You sure shouldn't worry about putting food on the table. Sometimes feel the only freedom in this world is having cash.

At the advice of my attorney, my wife to be came here on a tourist visa, if you want to plan ahead, better find a USCIS approved doctor for the I-693, that was a problem that I overlooked, not too many of those doctors, and appointment times were months away. I did find one 300 miles away after a lot of sweat. Wife and I spent our honeymoon filling out immigration forms, we had a good attorney, but we had to do all the footwork like translations, etc. Have to have that thick package and send everything in at once, all important was that I-130 and I-485, once you receive the receipt, your wife can stay, but we were prepared to extend her I-94 if need be. We also wanted more time to spend together than those 90 K1 days, just to be sure, we were sure, but guess we wanted to be darn sure. We both made bad mistakes the first time around, ha, that was over four years ago, we still are sure.

Then there is the interview and wait for that conditional permanent resident card, but we paid extra for the I-765 work authorization and I-131 travel document, not necessary, but relieves the restrictions while waiting for that first green card. Ha, you don't have to be a millionaire for the I-864, but it helps.

Took us almost a year to get that first green card, and that date is when the clock start ticking for the N-400 citizen application, three years from that date, but to kill time, you have to sweat out the I-751 conditional residence removal. Remember all that stuff you went through to get that first green card? Well, you get to do that all over again.

Maybe someone can explain to me exactly what a permanent resident is, I understand if a young male about registering with selective service if the draft ever comes back, paying taxes and paying taxes, permission needed if you plan on leaving this country for over a year, a degree of allegiance to this country, etc., but don't quite get the idea you need a foreign passport if you want to travel. Don't you have to show a degree of allegiance to a foreign country to get that passport and doesn't this contradict the concepts of being a permanent resident?

I do understand that you cannot vote.

And while the N-400 states if you are married to a USA citizen you can apply in three years from the date of your marriage, you also need three years from the date of your first green card. Due to excessively long delays by the USCIS, figure on more like five years where that marriage requirement is no longer necessary.

At the present rate of processing, my wife and I will definitely be married more than five years before she gets her citizenship.

For now, just worry about making your appointment with a USCIS approved doctor. Check at

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

I highly suggest you get the fillable form and fill out as much as you can with Adobe Acrobat and print out a half a dozen copies as most doctors do not know how to print in a ledgeible manner, also gather all the information on your spouses vaccination and shot records, and many of those communicable diseases can be done by your local county health officer at a much lower price than what some of these medical places charge today.

My wife did bring all of her medical records, but we still had to have those translated into English, we spend more time on that I-693 then all the other forms combined. All of her tests came back negative, but wondered why I didn't have to have those tests as well. And the ironic thing, was that even if a person had all those diseases according to the form, wouldn't be rejected anyway, just had to agree to counseling.

Don't try to make logical sense of the immigration procedure, you will go nuts, just do what you are told to do.
AusCal
QUOTE(NickD @ Apr 29 2008, 09:42 AM) *
At the advice of my attorney, my wife to be came here on a tourist visa...............................

I hope she wasn't your fiancee at the time - if so, your attorney told you to do something that is illegal................

QUOTE(NickD @ Apr 29 2008, 09:42 AM) *
Don't try to make logical sense of the immigration procedure, you will go nuts, just do what you are told to do.


That did make me chuckle - my similar advice would be just to read the guidelines - work your way step by step through the process - and, try not to stress too much about how long it will take - you can't speed it up, so, file your forms, and get on with life :-)
NickD

QUOTE
I hope she wasn't your fiancee at the time - if so, your attorney told you to do something that is illegal................


Whatever was done, it was done with full knowledge of the USCIS, my attorney is renown in that he has written many articles on immigration and one of the top immigration attorneys in the USA. Nothing illegal was done here, but thanks for the concern.
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