Exactly When Can He File?

[ForeverAmen 0]

I am having a problem understanding exactly when my husband can file for his citizenship. The details of his immigration are:

Arrived in USA on a K-1 Fiance visa - Jan 06

Married US Citizen - March 06

Received Conditional 2 Yr Green Card - Dec. 06

Received 10 Yr Green Card - June 09

So .... based on the above dates. Is he now able to file for Citizenship?

Thanks!

Boaz

[payxibka 10,044]

90 days before his 3 year anniversary as a greencard holder (a date sometime in December 2009 it appears)

[redglasses 1]

90 days before his 3 year anniversary as a greencard holder (a date sometime in December 2009 it appears)

Yup, check the date he became a LPR on his GC.

[antda 13]

Hi Boaz,

Nice to see you here on the N-400/citizenship boards! Lol..I still remember you back on the I-751 boards not too long ago....

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years (which in your case would be December 2009)

-Been married to the same USC for 3 years (which for your case would be March 2009)

-Your spouse/you must have been a USC for at least 3 years (which if born in the USA, since their birth)

-Been residing physically in the USA for 3 years (which for your case would be the earliest December 2009, assuming that you don't have any long absences of residency outside of the USA for a very long period of time)

In your case:

The earliest you can file for US Citizenship is 3 years minus 90 days from the "residence since" date on your 2yr/10yr green card of 12/14/06 (as mentioned on your vj timeline that this is the date): Tuesday, September 15, 2009, or anytime after that.....

According to this time/date calculator: http://www.timeanddate.com/date/dateadded....p;ad=90&aw=

For example, in my situation:

I have been a permanent resident since November 2006.....

I was married in April 2006...

My spouse/husband has been a USC since birth

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009 (though I applied in September 2009, as there was a delay in my son's birth certificate), 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps. Good luck on the rest of your immigration and citizenship journey too.

Ant

I am having a problem understanding exactly when my husband can file for his citizenship. The details of his immigration are:

Arrived in USA on a K-1 Fiance visa - Jan 06

Married US Citizen - March 06

Received Conditional 2 Yr Green Card - Dec. 06

Received 10 Yr Green Card - June 09

So .... based on the above dates. Is he now able to file for Citizenship?

Thanks!

Boaz

Edited November 1, 2009 by Ant+D+A

[ForeverAmen 0]

Thanks for the replies!

Ant+D+A - I remember you as well. You were very helpful and extremely patient with my many questions. Hope things are going well for you and your family.

Boaz