This is probably a stupid question ... but ...

[SteveColo 0]

Do you actually need a green card before becoming a citizen ?

Example ... someone gets married to a USC ... comes to the U.S. on an approved I-130 ... they live together for 3 years (like is required) without leaving the U.S. ... can that person then apply to become a citizen ?

Thanks ...

[VanessaTony 3,567]

Do you actually need a green card before becoming a citizen ?

Example ... someone gets married to a USC ... comes to the U.S. on an approved I-130 ... they live together for 3 years (like is required) without leaving the U.S. ... can that person then apply to become a citizen ?

Thanks ...

Nope. First comes LPR THEN comes USC. GC holders need to wait until they've been an LPR for 3 years (minus 90 days) AND married for at least 3 years before applying.

There might be other situations but you'd need to read the naturalisation list http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=598da2f39b1ab210VgnVCM100000082ca60aRCRD&vgnextchannel=598da2f39b1ab210VgnVCM100000082ca60aRCRD. People in the military get different wait times for instance.

Edited April 28, 2011 by Vanessa&Tony

[Penguin_ie 5,986]

Someone who comes here on an approved CR-1 visa (ie I-130) gets a greencard upon entry, so your example doesn't work.

[NickD 202]

How you get your green card can vary, but the bottom line is you have to have one before becoming a US citizen. Also nice to have so you are here legally unless you are here with some kind of student or work visa. But before those expire, you have to leave.

When I was petitioning for my wife to be, read that the USCIS was handing out green cards to Cuban refugees coming here on rafts. Even to criminals! Told my honey, I could build a raft, use my boat to dump her off in the gulf, the call the USGC to pick her up. She didn't like that idea, but would have saved us a ton of paperwork and expense. I don't even know if they are doing that anymore.

[katiemanny 64]

How you get your green card can vary, but the bottom line is you have to have one before becoming a US citizen. Also nice to have so you are here legally unless you are here with some kind of student or work visa. But before those expire, you have to leave.

When I was petitioning for my wife to be, read that the USCIS was handing out green cards to Cuban refugees coming here on rafts. Even to criminals! Told my honey, I could build a raft, use my boat to dump her off in the gulf, the call the USGC to pick her up. She didn't like that idea, but would have saved us a ton of paperwork and expense. I don't even know if they are doing that anymore.

[SteveColo 0]

Someone who comes here on an approved CR-1 visa (ie I-130) gets a greencard upon entry, so your example doesn't work.

My wife came hre on a K3 which requires an approved I 130 ... she did not come on a CR1 so she didn't receive a green card ...

[Udella&Wiz 325]

My wife came hre on a K3 which requires an approved I 130 ... she did not come on a CR1 so she didn't receive a green card ...

So which document do you have that says she has been a permanent resident since XXXX ? I think that's the point. The I 130 isn;t the end of her journey I don't think.

[mari&Ryan 93]

My wife came hre on a K3 which requires an approved I 130 ... she did not come on a CR1 so she didn't receive a green card ...

K3 holders must apply for AOS (Adjustment of Status). Once it is approved she gets a Conditional Residence (Green card for 2 years). Then within 90 days before the conditional GC expires she must apply to remove the condition of Residence (ROC). Once it is approved she gets a permanent residence (10 years green card). Finally, she’ll become eligible to apply for US citizenship at third year (Spouse of USC based) she became a permanent resident (since the date on 2 years GC).

AOS guide: http://www.visajourney.com/content/k1k3aos

ROC guide: http://www.visajourney.com/content/751guide

US Citizenship guide: http://www.visajourney.com/content/naturalization_guide

[NickD 202]

So which document do you have that says she has been a permanent resident since XXXX ? I think that's the point. The I 130 isn;t the end of her journey I don't think.

The I-130 is filed by the US sponsor, one for each person you want to come here. Like if you marry a woman, assuming you are a guy, with ten kids, have to file eleven I-130's. At 420 bucks each, that can add up.

The immigrant needs to file an I-485, at 1,070 bucks each, don't even want to think about ten kids. The G-325A, the I-864, and the I-693, you really don't want to file the I-864, a ten year financial commitment, but have no choice, while the I-693 is filed for free, have to find a USCIS approved doctor that is a ticket for that doctor to nail you to the wall. Got quotes as high as $5,000.00 per person. Health insurance doesn't cover this, least mine didn't, they don't cover FFA flight exams either, considered extra out of pocket expenses.

Did find a country doctor 250 miles away, for 700 bucks each for wife and stepdaughter, well worth the 500 mile drive. Thought it would be just one trip, but due to lab screwup needed to take another trip, that cost an extra 200 bucks, still wasn't too bad. But what killed me was the doctor called and told me I had to drive back to pickup the forms, not allowed by the USCIS to mail them. So that was an extra 500 mile trip.

Because of delays in processing may want to file for an I-765 for an EAD card, also good to file one for the kid/s, so they can legally attend school. While the supreme court says it okay, to send any kid to school, the DOS says its not, so you are in a catch 22 position. To play it safe, get the EAD card, That's an extra 380 bucks each. Can also get a traveling document for around the same price tag, we didn't do that as we wanted to be together, and not have wife or daughter go back home.

Immigrants also need a pile of paperwork from home, previous marriages, divorce, birth certificates, criminal records, and even you are not a criminal, need a record of that. Kids need permission from that other biological parent to come here, and also good to bring all of your medical records. If your home country made typo errors, you may have to pay them dearly to correct those, we sure did. If from a Spanish speaking country, even though the USCIS has a Spanish speaking line, they can't read Spanish, so all those documents have to be translated into English, another expense.

After you go through all that, still accused of fraud, not once, but three times.

I figured if I went into business marrying immigrants to bring them here, would want at least two million bucks due to the amount of risk and work involved. But if they have that kind of money, can come here and stay as long as they want. But, you better darn well trust that person, in a perfect position to blackmail you, they would just be sent home, your home will be in a federal prison for the next five years! Better way for an immigrant to come here would be to join their political party, no matter how corrupt they are, that way, they can come here with diplomatic immunity and even commit a crime and get away with it.

[Inky 1,110]

My wife came hre on a K3 which requires an approved I 130 ... she did not come on a CR1 so she didn't receive a green card ...

Wow that sucks some how you forgot to file for a green card!

Which means there could be problems if ICE found her! She has no status currently.

You need to file AOS ASAP then you have to wait another 2 years from the date that is on the green card before ROC then 3 years total to citizenship!.

Likely have to file an I-130 with the I-485 since you waited so long to file for the green card (AOS).

[NickD 202]

Wow that sucks some how you forgot to file for a green card!

Which means there could be problems if ICE found her! She has no status currently.

You need to file AOS ASAP then you have to wait another 2 years from the date that is on the green card before ROC then 3 years total to citizenship!.

Likely have to file an I-130 with the I-485 since you waited so long to file for the green card (AOS).

Also have to admit my ignorance on this subject, wife to be pointed out we had to go through immigration first. With some gained knowledge on this subject, offered to help my new sister-in-law, she knew tens times as much on this subject that I did. Asked many of my friends if the even heard about the USCIS, people that were born here and lived here all their lives, never even heard about it.

The internet as we know it today, is only about 16 years old, and would be dead about it. Even looked up the INS and the USCIS in my local phone directory, the only way to find things back then. Not even listed. IRS is.

[spookyturtle 9,465]

I think that the K-3 is valid for 2 years after entry into the US which means that yours expires July 12 of this year. You need to apply for Adjustment of status ASAP. Once you file for AOS, that should extend the visa expiration date while AOS is pending. To date, you have no time accumulated toward citizenship and the clock won't start ticking until you receive your conditional GC.

Per USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

[spookyturtle 9,465]

This is from the Visa Journey Guides:

http://www.visajourney.com/faq/k3k4visa-aos.html#14.2

14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family. The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

[NickD 202]

This is from the Visa Journey Guides:

http://www.visajourn...a-aos.html#14.2

14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family. The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

It was way too much for me at the time, K1, K2, K3, recall one of them only gives you 90 days to make up your mind whether to marry or not. When I first heard of the USCIS, got on their site and my brain was twisted. Called my wife, she was working for Johnson & Johnson, the Bandaid people and they used a US based immigration law firm as they were constantly shifting people all over the world. Since I am accustomed to dealing with attorneys, got them to agree to leading me by the hand for a flat fee. Was our responsibility to gather all the evidence, fill out the forms, but with help and guidance, and in particular, which forms to fill out, but they checked everything over and mailed them to the USCIS. To me, that was $1,500 well spent, because I read on the forms, if any errors, they can reject them keep your outrageous fees and you are back to square one with a smaller bank account.

Checking out my attorney, found he wrote seven books on immigration, he was sharp. I sent him $750.00 at the start and the balance when my wife and stepdaughter got their conditional green cards. That was a shock to me after all we went through to get those, what in the hell is a conditional lawful permanent resident card? He didn't want anything to do with the I-751 nor the N-400, but did answer a few questions at no charge. Also thought I knew English until I first read these forms. Also found this board in the I-751 stage, found many others at the same time. This one was the best with the nicest most helpful people. Can really run into some jerks on the other ones.

He is the one that suggested we contact our senators office when we heard nothing from the USCIS with our I-751. This was after making many useless calls to the USCIS and even talking to that worthless ombudsman character. That and a campaign contribution got quick responses. A surprise was being invited to one of our senators dinners and no extra charge. And the food was excellent. He while not being reelected, helped us with my stepdaughter when a decision could not be made due to battery charges we had to answer to when she was 17 months old.

Feel without that help, we would still be waiting.