Entered with K1, married, divorced a year later, been having CG for 4 years now. When can I apply for citizenship?

[ShariNYC 0]

Hi,

I entered the country with K-1 in July2007, did everything right and got a permanent greencard(Removed the condition-CG). Unfortunately, the marriage didn't last. We divorced a year and a half after I entered (Dec 2008), I filed to removed the condition on my own and I'm a permanent resident now. It's been 4 years now since I first received CG after I entered the country. My question is, when can I apply for citizenship?

Originally, if I still stayed with my ex, I could file for citizenship after 5 years I entered with K-1 (which will be somewhat around March 2012). But since I divorced, how long do I have to wait until I can file for citizenship? Please help suggest I'd be really appreciate. Thank you!

Naomi

[Harpa Timsah 13,258]

You can apply for citizenship when you have been a GC holder for 5 years. If you had stayed married, it would have been three years.

[v333k 59]

You can apply after you have been a legal permanent resident for 5 years. If you were still married, you are eligible after 3 years. It is actually 90 days prior to your 5th year...

I am sure you know that you will have to give up your Japanese citizenship once you obtain your American citizenship, right?

[aleful 1,905]

Hi,

I entered the country with K-1 in July2007, did everything right and got a permanent greencard(Removed the condition-CG). Unfortunately, the marriage didn't last. We divorced a year and a half after I entered (Dec 2008), I filed to removed the condition on my own and I'm a permanent resident now. It's been 4 years now since I first received CG after I entered the country. My question is, when can I apply for citizenship?

Originally, if I still stayed with my ex, I could file for citizenship after 5 years I entered with K-1 (which will be somewhat around March 2012). But since I divorced, how long do I have to wait until I can file for citizenship? Please help suggest I'd be really appreciate. Thank you!

Naomi

that's not true, if you had stayed married, it is 3 years of marriage and 3 years of having the GC to get citizenship through the 3 year rule.

once divorced, you have to wait 5 years from the day you became a LPR, 90 days prior to the 5th year date you can send your N400.

[ShariNYC 0]

When do you start counting? In my card, it says, becomes permanent resident since March 2008. Do I count from that date on the card?

You can apply after you have been a legal permanent resident for 5 years. If you were still married, you are eligible after 3 years. It is actually 90 days prior to your 5th year...

I am sure you know that you will have to give up your Japanese citizenship once you obtain your American citizenship, right?

I didn't know that, is it because of Japan? or does this apply to any nationality? I know a thai person who could hold dual citizenship....

[Little_My 464]

Yes, you start counting from the date the GC was issued, i.e. the date you became a legal permanent resident of the US.

Dual (or multiple) nationality is something that other countries recognize, while some don't. Unfortunately I think Japan belongs to the latter group. This means that any Japanese national who takes initiative to obtain citizenship in another country automatically loses his/hers Japanese citizenship. US does recognize dual citizenship, so the reason why you will have to choose is due to Japan's take on this issue.

[kaukas 2]

The moment you take your oath to become naturalized, you automatically lose the JP citizenship. You are supposed to go to the JP consulate general to renounce your JP citizenship. I don't think there is any penal code for not renouncing the JP citizenship after becoming naturalized in other nation per se. However, continuing to reap the benefits as a JP citizen inside/outside of Japan (i.e. entering/leaving Japan with a JP passport or using national insurance back home) is a punishable offense. By the way, even if you don't renounce the citizenship yourself, your citizenship is considered null and void (if I wasn't clear earlier). At the oath ceremony, you will have to surrender your GC, and without it, you will not be able to renew your JP passport in the US. I also heard that it should be relatively easy for us who were born Japanese to get the immigrant visas. Of course, you need sponsors, but that should not be a problem.

Edited August 12, 2011 by kaukas

[ShariNYC 0]

So if I start counting 5 years from March 2008, then I should file for citizenship in Jan 2013?

Thank you very much for all your help/suggestion. Much appreciate.....

[I AM NOT THAT GUY 5,715]

So if I start counting 5 years from March 2008, then I should file for citizenship in Jan 2013?

Thank you very much for all your help/suggestion. Much appreciate.....

You can apply anytime after that five years less ninety days expires. Nice thing about applying for US citizenship, there is no deadline, just an eligibility date.

[NigeriaorBust 4,087]

The 5 years is good as long as you have never been out of the US for more than 6 months in a single trip. Then you start having to start subracting time. If you leave for more than a year you start the clock again ,

[bigdog 376]

Hi,

I entered the country with K-1 in July2007, did everything right and got a permanent greencard(Removed the condition-CG). Unfortunately, the marriage didn't last. We divorced a year and a half after I entered (Dec 2008), I filed to removed the condition on my own and I'm a permanent resident now. It's been 4 years now since I first received CG after I entered the country. My question is, when can I apply for citizenship?

Originally, if I still stayed with my ex, I could file for citizenship after 5 years I entered with K-1 (which will be somewhat around March 2012). But since I divorced, how long do I have to wait until I can file for citizenship? Please help suggest I'd be really appreciate. Thank you!

Naomi

5 years looks like 1 more year.

[ShariNYC 0]

Thank you very much for all your suggestions. So 1.5 years to go for me....not bad...yay!