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Filed: AOS (apr) Country: Romania
Timeline
Posted

Hi y'all,

Things have changed a bit since I filed AOS after we got married in November 2006. I'm a born US citizen and my wife is from Eastern Europe. It took until October of 2007 for AOS to go thru and was approved as conditional for 2 years. Now, I need to file I-751 to change from conditional to permanent residence.

My question is since we will be married for 3 years in November of 2009. So, why waste money on I-751 and apply directly for US Citizenship. Does anyone ever tried to skip a step? I don't know if it's a good idea or not. It seem to me that it's a waste of money just for one month difference.

Please advice.

Thanks,

Sean

Filed: Citizen (apr) Country: Russia
Timeline
Posted (edited)

She needs to be married and living here 3 years continuously as a permanent resident. The permanent residency starts with the issue date on the green card. In her case that is probably Oct 2007. She will be ready to apply for citizenship 3 months prior to Oct 2010. Check the date on her green card.

Edited by Neonred

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

If you have the two year conditional card you can't skip the Removal of Conditions step. Several VJers mistakenly received 10 year cards instead of the two year card and when they were permanent residents for 3 years filed for citizenship. Their citizenship applications were denied because they had never applied to remove conditions. They had to go back and file the I-751, and then were allowed to file for citizenship. You definitely need to file for removal of conditions. If you fail to do that, when the green card expires your wife will be illegally in the US. Filing for I-751 will include an extension of her green card status until it is approved.

Being married for 3 years is only one of the qualifying criteria for citizenship. The more important one is that you need to be a permanent resident for 3 years as well, although you can apply 90 days before your 3rd green card anniversary if you have been married 3 years at the time you file. You won't have your 3rd year as a permanent resident until October, 2010 so the earliest filing date will be sometime in July, 2010.

I can appreciate that it is frustrating to delay filing for citizenship. My AOS took nearly 2 years to approve and was approved 3 weeks prior to our second anniversary. By the time I was eligible for citizenship my husband and I had been married nearly 5 years.

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