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Married With Children

Permanent Resident

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Hi, my wife came over to the U.S. on a K-1 visa, we were married within the 90 days and, about a year and a half ago she got her green card. She wants to apply for citizenship, but it's not clear to me when her permanent residence "officially" began. We just recently had our 4-year anniversary, I'm a U.S. Citizen and we've been living in the U.S. since we were married. So it seems like we should easily meet the 3-year requirement, and I have a copy of the receipt letter for her application for permanent residence dated Feb 2003. However, the date listed on her green card shows resident since Feb 2005. (Yes, it took them two years to process her application -- she never had a 2-year "conditional" green card.)

So, my question is exactly when did her permanent resident status begin for purposes of satisfying the 3 year requirement for naturalization? From what I've seen on the UCIS website, it begins from the date on her green card which means we'll pass our 5th anniversary before she's even elligible to apply! It doesn't seem right that she's forced to wait for another year because they were so slow in processing her application. Is there any hope or are we basically just stuck?

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Filed: Timeline

The 3 years starts from the date your wife became a permenent resident.... so Feb 2005.

She will be able to become a citizen in Feb 2008... she can apply 90 days before the Date so file Dec 2007...

Kezzie

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Filed: Timeline

Married With Children,

Look at the Green Card.

Yodrak

Hi, my wife came over to the U.S. on a K-1 visa, we were married within the 90 days and, about a year and a half ago she got her green card. She wants to apply for citizenship, but it's not clear to me when her permanent residence "officially" began. ....

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Thanks for the responses. I was hoping there was something I had missed as it's not going to be easy to explain to her that she doesn't meet the 3-year requirement after being married 4 years. :huh:

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Filed: K-1 Visa Country: Wales
Timeline
Thanks for the responses. I was hoping there was something I had missed as it's not going to be easy to explain to her that she doesn't meet the 3-year requirement after being married 4 years. :huh:

Why is it such a big deal?

She can read all about it on the USCIS web site.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-5 Country: Philippines
Timeline

I came here K1 visa in the year of March 2004 and got married before the visa expired. And I got my green on January 2005 and my green card expired on January of 2007 and hopefully, I'll be illigible to file for Citizenship on Nov. or Dec. of 2007. I've never been out of the country since I got here, making sure I'll meet the requirements.

I'm sure she can understand you and just tell her to visit the USCIS website to see for herself.

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Filed: Country: United Kingdom
Timeline
Thanks for the responses. I was hoping there was something I had missed as it's not going to be easy to explain to her that she doesn't meet the 3-year requirement after being married 4 years.

It's true, when filing Adjustment of Status, it can take up to 3 years for a case to complete.

Time as a PR does not start until that AOS interview/process is complete--the date is reflected on the Green Card.

The Guide to Naturalization is available online in Tagalog if that is more comfortable for her to read. There's nothing in it to suggest that one only has to live in the US for 3 years, or only to be married for 3 years.

The requirement is to be a PR for 5 years.

If you're married to a US citizen, the requirement is lowered to 3 years.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Timeline

Response:

The general rule is that if you're green card was based on marriage then

once she has had a green card for two years then the couple must jointly

file a an I-751 to remove the condition on her green. There is no such thing

as a conditional green card as such, it's not something that's stamped on

the green card. It's possible that the February 2005 date could have been

date when you should have filed the I-751 removal of condition and having

had the condition removed, the follow February 2007 I'd be looking to file

for US Citizenship[ under the three year rule. For people who do not file

an I-751 they become subject to deportation. This is a very important step

in keeping their green card.

It seems like an attorney really needs to have a look at your entire case to

find out precisely what's going on here.

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Filed: Timeline
It doesn't seem right that she's forced to wait another year, since they were very slow processing her application.

Two things:

1st of all, beggars can't be choosers. Remember she's the one doing the begging, which is why it falls upon HER shoulders to prove to the government that her marriage to you is legit.

2nd of all, the long waits and processing times are to your advantage. The US government wants to make sure you don't get screwed over by an immigrant. Be thankful they're watching your back!

Edited by dmartmar

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Filed: Citizen (apr) Country: Australia
Timeline
It doesn't seem right that she's forced to wait another year, since they were very slow processing her application.

Two things:

1st of all, beggars can't be choosers. Remember she's the one doing the begging, which is why it falls upon HER shoulders to prove to the government that her marriage to you is legit.

2nd of all, the long waits and processing times are to your advantage. The US government wants to make sure you don't get screwed over by an immigrant. Be thankful they're watching your back!

**gives dmarter a hug**.....you need it.. :)....let it go


Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

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Filed: Citizen (apr) Country: Canada
Timeline
What????

From what I am seeing about this law office that is posting their ads in all of the forums - I think I would stay far far away from them - a lot of what they are posting is very bad advice and full of misinformation. Too bad they couldn't have taken the time to post the correct information if they are serious about advertising their services. I hope everyone quickly realizes what law services NOT to use.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: Timeline

Kathryn,

And dredging up 3 to 4 week-old posts, no responses to current posts. Very strange.

Yodrak

What????

From what I am seeing about this law office that is posting their ads in all of the forums - .... - a lot of what they are posting is very bad advice and full of misinformation. .....

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