Hi, my wife came over to the U.S. on a K-1 visa, we were married within the 90 days and, about a year and a half ago she got her green card. She wants to apply for citizenship, but it's not clear to me when her permanent residence "officially" began. We just recently had our 4-year anniversary, I'm a U.S. Citizen and we've been living in the U.S. since we were married. So it seems like we should easily meet the 3-year requirement, and I have a copy of the receipt letter for her application for permanent residence dated Feb 2003. However, the date listed on her green card shows resident since Feb 2005. (Yes, it took them two years to process her application -- she never had a 2-year "conditional" green card.)

So, my question is exactly when did her permanent resident status begin for purposes of satisfying the 3 year requirement for naturalization? From what I've seen on the UCIS website, it begins from the date on her green card which means we'll pass our 5th anniversary before she's even elligible to apply! It doesn't seem right that she's forced to wait for another year because they were so slow in processing her application. Is there any hope or are we basically just stuck?

The 3 years starts from the date your wife became a permenent resident.... so Feb 2005.

She will be able to become a citizen in Feb 2008... she can apply 90 days before the Date so file Dec 2007...

Kezzie

Married With Children,

Look at the Green Card.

Yodrak

Thanks for the responses. I was hoping there was something I had missed as it's not going to be easy to explain to her that she doesn't meet the 3-year requirement after being married 4 years.

Why is it such a big deal?

She can read all about it on the USCIS web site.

I came here K1 visa in the year of March 2004 and got married before the visa expired. And I got my green on January 2005 and my green card expired on January of 2007 and hopefully, I'll be illigible to file for Citizenship on Nov. or Dec. of 2007. I've never been out of the country since I got here, making sure I'll meet the requirements.

I'm sure she can understand you and just tell her to visit the USCIS website to see for herself.

It's true, when filing Adjustment of Status, it can take up to 3 years for a case to complete.

Time as a PR does not start until that AOS interview/process is complete--the date is reflected on the Green Card.

The Guide to Naturalization is available online in Tagalog if that is more comfortable for her to read. There's nothing in it to suggest that one only has to live in the US for 3 years, or only to be married for 3 years.

The requirement is to be a PR for 5 years.
If you're married to a US citizen, the requirement is lowered to 3 years.

Response:

The general rule is that if you're green card was based on marriage then
once she has had a green card for two years then the couple must jointly
file a an I-751 to remove the condition on her green. There is no such thing
as a conditional green card as such, it's not something that's stamped on
the green card. It's possible that the February 2005 date could have been
date when you should have filed the I-751 removal of condition and having
had the condition removed, the follow February 2007 I'd be looking to file
for US Citizenship[ under the three year rule. For people who do not file
an I-751 they become subject to deportation. This is a very important step
in keeping their green card.

It seems like an attorney really needs to have a look at your entire case to
find out precisely what's going on here.

What????

Two things:

1st of all, beggars can't be choosers. Remember she's the one doing the begging, which is why it falls upon HER shoulders to prove to the government that her marriage to you is legit.

2nd of all, the long waits and processing times are to your advantage. The US government wants to make sure you don't get screwed over by an immigrant. Be thankful they're watching your back!

**gives dmarter a hug**.....you need it.. ....let it go

From what I am seeing about this law office that is posting their ads in all of the forums - I think I would stay far far away from them - a lot of what they are posting is very bad advice and full of misinformation. Too bad they couldn't have taken the time to post the correct information if they are serious about advertising their services. I hope everyone quickly realizes what law services NOT to use.

Kathryn,

And dredging up 3 to 4 week-old posts, no responses to current posts. Very strange.

Yodrak