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Usui Takumi

When does the clock officially start ticking for residency requirements

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Filed: Other Country: Afghanistan
Timeline

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http://www.visajourney.com/forums/index.php?showtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?

Edited by lancer1655

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Filed: Timeline

Logically, why would you think that someone that has not yet been approved as a permanent resident would or should count the time they were in the USA as time done for Naturalization? No the clock begins ticking when the individual meets all of the eligibility requirements. One of them being that they have been a PR for either 3 or 5 years, realtive to whether they are married to a USC or not.

In this topic

http://www.visajourney.com/forums/index.php?showtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Country: Philippines
Timeline

The OP does raise a legitimate point. Some people who have had to wait months or even years for particularly slow DOs to process their AOS applications then have to fall in line for citizenship behind people who applied for AOS after them but whose AOS cases were processed more expeditiously and approved sooner than theirs.

I've always thought AOS approval dates should be backdated to the Received/Priority Date on the receipt notice. That way, the applicant wouldn't be penalized for the USCIS' lack of efficiency in processing certain applications.

Edited by jsnearline

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

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Filed: Citizen (apr) Country: Canada
Timeline

Well, I am one of those individuals who had to wait a long time for my AOS - 22 months in fact. Even though I have been physically present in the US since May 2004 and married to a US citizen since June 2004 I was not eligible to apply for US citizenship until February 2009 - 90 days prior to my 3rd year anniversary of my permanent residency. If USCIS had processed my applications in at all a timely manner I should have been able to be a citizen prior to the last election rather than just applying to become one this Spring.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: Other Timeline

Count my husband in also as one who got setback in his naturalization clock by a lengthy adjustment of status.

If things had been running as smoothly for namecheck then as they seem to now, my husband should have already taken his oath of citizenship, rather than just receiving his 10-year card a few days ago.

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Filed: Citizen (pnd) Country: Algeria
Timeline
Count my husband in also as one who got setback in his naturalization clock by a lengthy adjustment of status.

If things had been running as smoothly for namecheck then as they seem to now, my husband should have already taken his oath of citizenship, rather than just receiving his 10-year card a few days ago.

I'm in the same boat, entered the US in 2004 on a fiancee visa, been married and living with my husband (US citizen) since 2004 but the procedures took forever and my GC was only granted in 2006 so technically I'm a spouse of a US citizen for over 5 years, living legally in the US for 5 years, yet I could only apply for citizenship in Feb 09. So yes lancer1655, it sucks big time!

Kathryn41, we have roughly the same timelines!


animated_us_flag.gifN-400 TIMELINE / NYC District Office

03/10/09--------SENT

03/16/09--------NOA priority date

03/24/09--------NOA DATE

04/01/09--------FP notice date

04/14/09--------FP DATE

06/01/09--------IL notice date

07/23/09--------IL DATE -----APPROVED

08/04/09--------Oath --------US CITIZEN

08/04/09--------Applied for passport

08/14/09--------Received passport

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Filed: Citizen (apr) Country: Canada
Timeline

Yes, we do! I didn't realize there was someone else here with the same time frame as ours. It has been frustrating, yes.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: Citizen (pnd) Country: Algeria
Timeline
Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!


animated_us_flag.gifN-400 TIMELINE / NYC District Office

03/10/09--------SENT

03/16/09--------NOA priority date

03/24/09--------NOA DATE

04/01/09--------FP notice date

04/14/09--------FP DATE

06/01/09--------IL notice date

07/23/09--------IL DATE -----APPROVED

08/04/09--------Oath --------US CITIZEN

08/04/09--------Applied for passport

08/14/09--------Received passport

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Filed: Citizen (pnd) Country: Turkey
Timeline
Well, I am one of those individuals who had to wait a long time for my AOS - 22 months in fact. Even though I have been physically present in the US since May 2004 and married to a US citizen since June 2004 I was not eligible to apply for US citizenship until February 2009 - 90 days prior to my 3rd year anniversary of my permanent residency. If USCIS had processed my applications in at all a timely manner I should have been able to be a citizen prior to the last election rather than just applying to become one this Spring.

KATHRYN41, I have married and been in the US since May 2004 too. But after having to apply for several different visas (K1+K3+CR1) only now I can apply for naturalization.

I wish they counted the time since marriage in the US. They do not and I understand why they do not. It is based on almost physical residency...

Edited by internetkafe

I am now a US citizen.

t1283610_made-in-china-american-flag.jpg

pride_logo_275px.jpg

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Filed: Citizen (apr) Country: Canada
Timeline

Internetkafe,

Wouldn't that be nice if they would count the full time in the US - especially when the accumulation of time is due to their delays, not ours! Good luck to you - and thanks. Seems to be a number of us from May 2004 who are only now becoming eligible for citizenship.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!

I want to ask something. How about conditional residence. If someone comes here as a conditional residence of a US Citizen and then removes the condition and meet all other requirments, does the three year clock starts from the day you get your Conditional Green card?? OR Does the clock start from the day you get your 10 year Permanat green card??? Thanks! It's a helpful thread!!

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Filed: Country: Canada
Timeline

I had my 40 credits of SSA worked before my AOS was approved, and unfortunately it means nothing for naturalization. My original SS card said cannot work with out "INS" approval, a true relic. Anyway my I864 had expired before the AOS was approved (40 credits) for me, but I am still waiting another 2 years for Naturalization.

Thems just the rules.

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Filed: Timeline

Conditional or permanent residency, whichever occurs first

Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!

I want to ask something. How about conditional residence. If someone comes here as a conditional residence of a US Citizen and then removes the condition and meet all other requirments, does the three year clock starts from the day you get your Conditional Green card?? OR Does the clock start from the day you get your 10 year Permanat green card??? Thanks! It's a helpful thread!!

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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