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Confused as to when spouse can apply for citizenship

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We were married (I am a US citizen) in April 2013, but my spouse didn't get her 2 year conditional GC approved until July 2014.

Can my wife file for citizenship with 3 years continuous residency after being married, (which would be April 2016), or is she required to wait until 3 years after receiving the green card ? (which would mean applying in July 2017)

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We were married (I am a US citizen) in April 2013, but my spouse didn't get her 2 year conditional GC approved until July 2014.

Can my wife file for citizenship with 3 years continuous residency after being married, (which would be April 2016), or is she required to wait until 3 years after receiving the green card ? (which would mean applying in July 2017)

It should be from the date your wife became a permanent resident. It will say on the front of the Permanent Resident Card - "Resident Since xx/xx/xxxx"

This document will help:

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

Edited by DTLVbrit

________

2007

K1/AOS

February, 06: Sent I-129f package
February, 13: NOA1 Receipt
March, 09: NOA2 Email.
May, 1: Medical
May, 29: Interview! - APPROVED
June, 1: Visa in Hand
July 18: POE, USA
July 27: Filed for AOS after marriage
August 24: NOA1 for EAD, AP and AOS
October 11: EAD card in hand
October 15: Case forwarded to California!
Nov, 15: Green Card Received

2009

ROC:

August 20: ROC sent

August 24: NOA1
September 25: Biometrics!
Nov, 30: ROC Approved

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Thanks.

Are you allowed to file the request for citizenship 90 days before the 3 year continuous residency mark, (similar to when you file to remove conditions) or are you required to wait until after the full 3 years?

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Thanks.

Are you allowed to file the request for citizenship 90 days before the 3 year continuous residency mark, (similar to when you file to remove conditions) or are you required to wait until after the full 3 years?

You can do 90 days before, I believe. Check this link out and this will help you!

http://www.uscis.gov/early-filing-calculator

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2006,” you meet the 5 year permanent resident requirement on “July 4, 2011.” If you have met all other eligibility requirements, you may file your completed Form N-400 90 days before “July 4, 2011.” The earliest date you may apply for naturalization would be “April 5, 2011.”

________

2007

K1/AOS

February, 06: Sent I-129f package
February, 13: NOA1 Receipt
March, 09: NOA2 Email.
May, 1: Medical
May, 29: Interview! - APPROVED
June, 1: Visa in Hand
July 18: POE, USA
July 27: Filed for AOS after marriage
August 24: NOA1 for EAD, AP and AOS
October 11: EAD card in hand
October 15: Case forwarded to California!
Nov, 15: Green Card Received

2009

ROC:

August 20: ROC sent

August 24: NOA1
September 25: Biometrics!
Nov, 30: ROC Approved

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We were married (I am a US citizen) in April 2013, but my spouse didn't get her 2 year conditional GC approved until July 2014.

Can my wife file for citizenship with 3 years continuous residency after being married, (which would be April 2016), or is she required to wait until 3 years after receiving the green card ? (which would mean applying in July 2017)

There are several "AND" conditions for eligibility to apply for USC--1) you must be a LPR for at least 3 years, AND 2) you must be married to a USC for at least the past three years, AND 4) that USC must have been a USC for at least the last three years, AND 5) you must have resided in the state or district with jurisdiction for at least the past three months, AND 6) you must have not had any trips longer than 6 months outside the US (need to file N-470 to preserve your continous residency for Naturalization), AND 8) physically present in the US for 18 out of the 36 months prior to filing the application (See the Guide to Naturalization)

Dave

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Thanks.

Are you allowed to file the request for citizenship 90 days before the 3 year continuous residency mark, (similar to when you file to remove conditions) or are you required to wait until after the full 3 years?

90 days before three years of residency, yes.

90 days before three years of marriage, no.

90 days before spouse has been a US citizen for three years, no.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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You have to count from the date of becoming residency which, is written on the green card, it doesnt matter how long she has been in the states, what matters is that when did she get her green card and became a legal permanent resident,


AOS---Mailed 6/6/2008

Check cashed---6/16/2008

Noa's received--6/18/2008 (date of 6/13/2008)

Biometrics appt--7/9/2008

EAD(Card production ordered )--(October 2, 2008)

EAD Recieved--10/10/2008

I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS-Current Status: Notice Returned as Undeliverable--

12/02/08

01/22/09--Interview. PASSED.

01/23/09--Card production ordered.I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

02/07/2009-- 10 Years Green Card recieved.

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