Date to file

[TooBig 0]

After three hours of looking and looking ....... when can we file the N-400 ? She has recieved the notice of Permanent Resident ( 10 year green card ) date of decision was 11-4-09 and her admission date was 8-22-09.

The more I read the more lost I get .

[justcheckin 0]

After three hours of looking and looking ....... when can we file the N-400 ? She has recieved the notice of Permanent Resident ( 10 year green card ) date of decision was 11-4-09 and her admission date was 8-22-09.

The more I read the more lost I get .

If permanent residency was obtained through marrying a US citizen you can file N-400 3 years after the permanent resident status was granted. So 3 years from 11-4-09 in your case. I believe you can actually file the application 90 days before that date which would be 8-4-12.

[john_and_marlene 162]

After three hours of looking and looking ....... when can we file the N-400 ? She has recieved the notice of Permanent Resident ( 10 year green card ) date of decision was 11-4-09 and her admission date was 8-22-09.

The more I read the more lost I get .

You can file the N-400 90 days before she has been a permanent resident for 3 years. The date of residence should be on her GC.

[Scott and Mhay 57]

You sure you got a 10 year GC? To become a US citizen you have to be in the US for 5 years or 3 if you are married to a USC.

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

You have been a permanent resident for at least 5 years and meet all other eligibility requirements. See the “General Path to Naturalization” link under “Citizenship by Naturalization” to the left.

You have been a permanent resident for 3 years or less and meet all eligibility requirements to file as a spouse of a U.S. citizen. See the “Spouses of U.S. Citizens” link under “Citizenship by Naturalization” to the left.

You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. See the “Information for Members of the Military and Their Families” link to the right.

Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

Note: You may also qualify through other paths to naturalization if you do not qualify through the paths described on the links to the left. See the “A Guide to Naturalization” link to the right. Chapter 4 of the guide discusses who is eligible for Naturalization.

How to Apply for Naturalization

Prepare for taking the naturalization test before you apply. We have educational materials and resources to help you prepare. For more information, see the “Naturalization Test” link to the left.

For applicants eligible pursuant to sections 316, 319, 328, and 329 of the INA, file Form N-400, Application for Naturalization. Find Form N-400 in the “Citizenship and Naturalization Based Forms” link to the right. For more information, see the “How Do I Apply for U.S. Citizenship” link to the right. To learn about sections 316, 319, 328 and 329 if the INA, see the “INA” link to the right.

Applicants eligible pursuant to sections 328 and 329 of the INA should also file Form N-426, Request for Certification of Military or Naval Service, and Form G-325B, Biographic Information. To learn about sections 328 and 329 of the INA, see the “INA” link to the right.

For a child eligible pursuant to section 322 of the INA, a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, may be filed on behalf of the child. To learn about section 322 of the INA, see the “ Biological or Adopted Children Residing Outside the United States” link to the left under “Citizenship Through Parents” and the “INA” link to the right.

Note: You may already be a U.S. citizen and not need to apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18. See the “Citizenship through Parents” link to the left.

Last updated: 09/12/2009

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

[john_and_marlene 162]

Your post is very confusing because you give an admission date in 2009 and your timeline shows a K1 entry in 2006. Are you trying to say that you just got the 10 year GC after filing for the lifting of conditions? Look at my first post to this thread and calculate back 90 days from the 3 year anniversary of permanent residence (conditional residence is also permanent residence).

[Darnell 8,478]

iirc -

it's 3 years from the first date of GC issuance (so that 2 year conditional card DOES count, on the time and timing ).

another way to say?

count 3 years forward from first 'official' date of being a LPR.

Must maintain marriage to USC to be eligible.

GOOD LUCK !

[john_and_marlene 162]

If permanent residency was obtained through marrying a US citizen you can file N-400 3 years after the permanent resident status was granted. So 3 years from 11-4-09 in your case. I believe you can actually file the application 90 days before that date which would be 8-4-12.

Be careful about counting 90 days .. It is not the same as 3 months. In this case you advised to file too early and it would be rejected for being 92 days.

[TooBig 0]

She has had her green card ( which is now expired) we just received the letter which says she is now a permanent resident and should receive your new card within 60 days ,your card will include a mailer( ? ) ,form I-797D ( ? ) with important information about your status,responsibilities, and permanet resident services available to you .

So I assume this is the 10 year green card and really need to know when is the soonest we can file for her citizenship.

[john_and_marlene 162]

She has had her green card ( which is now expired) we just received the letter which says she is now a permanent resident and should receive your new card within 60 days ,your card will include a mailer( ? ) ,form I-797D ( ? ) with important information about your status,responsibilities, and permanet resident services available to you .

So I assume this is the 10 year green card and really need to know when is the soonest we can file for her citizenship.

3 years minus 90 days from the effective date of the first (now expired card). It is not dependent on the effective date of the second card.

[TooBig 0]

So we can apply for citizenship after three years from the date on her first green card ( that is now expired )

Sorry it is so confusing ........ thought I had a handle on this stuff but now I think not.

And thanks for all the quick replys

[antda 13]

Hi TooBig,

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

-Been married to the same USC for 3 years

-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 (note: it's the same date on both of the cards).

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 journey too.

Ant

After three hours of looking and looking ....... when can we file the N-400 ? She has recieved the notice of Permanent Resident ( 10 year green card ) date of decision was 11-4-09 and her admission date was 8-22-09.

The more I read the more lost I get .

Edited November 13, 2009 by Ant+D+A

[TooBig 0]

Yup,

As always the answer come swift and accurate here at VisaJourney and as always thanks to all that have helped and make the trip a very pleasant one.

She will be filing May of 2010