Confused about the timelines with conditional residence...

[Chris W 0]

My wife & I (she is the USC) got married on January 7, 2006. You can see from my timeline when I had my AOS interview, but to this day (October 14, 2006) I am still waiting to be formally approved -- the damn FBI haven't cleared my name yet.

Let's say that I get my AOS approved on January 7, 2007 (1 year after I got married). Does that mean that I will only have the conditional permanent residence on my green card for 1 year? I mean, is it "2 years from the date you get married" or is it "2 years from the date you become a permanent resident?

I understand that, once the two-year condition has expired and I am a 'full' permanent resident, that it's 3 years before I'm eligible to apply for naturalization, is that correct? Is the average wait/processing time for naturalization roughly 1 year?

I am thinking of joining the Marine Corps as an Officer, which means that I have to be a full citizen. But I'm 24 now (almost 25), and there is an age limit to when you can join -- so if I don't become a citizen in time, I won't be able to join. So if anyone could clear up when specific things happen for me, I would be eternally grateful!

[Kez/JWolf 6]

If you have been married for less than 2 years when you are approved for AOS you will be given a 2 years conditional Greencard.... you have to file to remove the conditions 1 year and 9 months after the date you were approved.... you will then get a 10 years greencard...

You can becaome a citizen 3 years from the date you were approved for your AOS..... you file the papers 90 days before the 3rd anniversary of your approval for AOS.

Hope this helps

Kezzie

[alibaba 0]

If you have been married for less than 2 years when you are approved for AOS you will be given a 2 years conditional Greencard.... you have to file to remove the conditions 1 year and 9 months after the date you were approved.... you will then get a 10 years greencard...

You can becaome a citizen 3 years from the date you were approved for your AOS..... you file the papers 90 days before the 3rd anniversary of your approval for AOS.

Hope this helps

Kezzie

hey kezzie its really intersting what you said i have been married for 1 year and 3 months that means i will have to remove my condtion after 1 year and 6 months right? so 2 years and 9 months you have to be married if you wanna get 10 years GC,and i was married for 1 year and 3 months that means i can apply to remove my rc after 1 year and 6 months right? thanks kizzie:)

[Chris W 0]

If you have been married for less than 2 years when you are approved for AOS you will be given a 2 years conditional Greencard.... you have to file to remove the conditions 1 year and 9 months after the date you were approved.... you will then get a 10 years greencard...

You can becaome a citizen 3 years from the date you were approved for your AOS..... you file the papers 90 days before the 3rd anniversary of your approval for AOS.

Hope this helps

Kezzie

Kezzie: but if I have been married for 1 year, am I conditional for 1 year or still the whole 2 years?

Because it's conditional permanent residence, can I apply for naturalization 3 years after AOS or 3 years after conditions are removed?. That's the bit I am unsure of

[YuAndDan 153]

Look here for answers:

• http://www.visajourney.com/faq/k1k2visa-re...conditions.html
  
• http://www.uscis.gov/graphics/howdoi/remcond.htm
  

[Kez/JWolf 6]

It does not matter how long you have been married to get citizenship.... you can apply to become a citizen 3 years after you became a PR or CPR so for me it would be:-

Approved at AOS - Nov 9th 2005 CPR

Lift conditions - Nov 9th 2007 PR (file forms Aug 11th 2007)

Citizenship - Nov 9th 2008 (file forms Aug 11th 2008)

The fact that I got married April 9th 2005 does not mean I can file before the above dates... it is the date you were approved for AOS or CR1

Kezzie

[Chris W 0]

It does not matter how long you have been married to get citizenship.... you can apply to become a citizen 3 years after you became a PR or CPR so for me it would be:-

Approved at AOS - Nov 9th 2005 CPR

Lift conditions - Nov 9th 2007 PR (file forms Aug 11th 2007)

Citizenship - Nov 9th 2008 (file forms Aug 11th 2008)

The fact that I got married April 9th 2005 does not mean I can file before the above dates... it is the date you were approved for AOS or CR1

Kezzie

Thanks again Kezzie. For some reason, I had it in my mind that the 3 year period was only for 'full' permanent residents, not CPRs. So, that's good news, right?!

What's the general wait time from posting the N-400 to being sworn in as a citizen? Around 1 year? And, you can actually file the N-400 at 2 years and 9 months of successful AOS?

[Kez/JWolf 6]

It does not matter how long you have been married to get citizenship.... you can apply to become a citizen 3 years after you became a PR or CPR so for me it would be:-

Approved at AOS - Nov 9th 2005 CPR

Lift conditions - Nov 9th 2007 PR (file forms Aug 11th 2007)

Citizenship - Nov 9th 2008 (file forms Aug 11th 2008)

The fact that I got married April 9th 2005 does not mean I can file before the above dates... it is the date you were approved for AOS or CR1

Kezzie

Thanks again Kezzie. For some reason, I had it in my mind that the 3 year period was only for 'full' permanent residents, not CPRs. So, that's good news, right?!

What's the general wait time from posting the N-400 to being sworn in as a citizen? Around 1 year? And, you can actually file the N-400 at 2 years and 9 months of successful AOS?

Yes it is good news.... I dont know the wait time from filing the N-400 but you could check the USCIS website for your service center for dates and yes you can apply at 2 years and 9 months...

Kezzie

[Chris W 0]

It does not matter how long you have been married to get citizenship.... you can apply to become a citizen 3 years after you became a PR or CPR so for me it would be:-

Approved at AOS - Nov 9th 2005 CPR

Lift conditions - Nov 9th 2007 PR (file forms Aug 11th 2007)

Citizenship - Nov 9th 2008 (file forms Aug 11th 2008)

The fact that I got married April 9th 2005 does not mean I can file before the above dates... it is the date you were approved for AOS or CR1

Kezzie

Thanks again Kezzie. For some reason, I had it in my mind that the 3 year period was only for 'full' permanent residents, not CPRs. So, that's good news, right?!

What's the general wait time from posting the N-400 to being sworn in as a citizen? Around 1 year? And, you can actually file the N-400 at 2 years and 9 months of successful AOS?

Yes it is good news.... I dont know the wait time from filing the N-400 but you could check the USCIS website for your service center for dates and yes you can apply at 2 years and 9 months...

Kezzie

Now all I need is for the FBI to hurry the hell up with my damn name check so I can become a CPR... Thanks again!

[meauxna 15]

ChrisW, maybe you can help me now... can you please tell me how this information could be presented more clearly, or what would make it more compelling reading? Your questions are very common, but I don't know how to make it more obvious to folks that the answers are here.

http://www.visajourney.com/forums/index.php?showtopic=311

Thanks!

[Chris W 0]

ChrisW, maybe you can help me now... can you please tell me how this information could be presented more clearly, or what would make it more compelling reading? Your questions are very common, but I don't know how to make it more obvious to folks that the answers are here.

http://www.visajourney.com/forums/index.php?showtopic=311

Thanks!

I sure can, meau -- my confusion stemmed from the fact that it didn't seem (at least to me) that CPRs are considered to be in the same boat as PRs for the purposes of naturalization. I have a paper to finish tonight for class, but let me give it a try tomorrow! How's that?

[meauxna 15]

Well, here it is in case anyone does not visit the pinned posts of the forum.

USCIS Fact Sheets For Naturalization

General Naturalization Requirements

http://uscis.gov/graphics/services/natz/general.htm

Naturalization: Waivers, Exceptions, and Special Cases

Family Members of U.S. Citizens

Spouses of U.S. Citizens

http://uscis.gov/graphics/services/natz/Special.htm

Frequently Asked Questions About Naturalization

http://uscis.gov/graphics/services/natz/faq.htm#Top

In general, if you have been a Permanent Resident for three years and have been married to and living in a valid marital union with the same U.S. citizen spouse for all three years AND you meet the other criteria (Residence and Physical Presence, Good Moral Character, Language etc), you are eligible for naturalization.

So called "conditional residents" are Permanent Residents nonetheless.

5. When does my time as a Permanent Resident begin?

Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). Click here to view a sample card: http://uscis.gov/graphics/services/natz/samplePRC.pdf

Physical Presence Is Important!

"An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

-has been lawfully admitted for permanent residence (see preceding section);

-has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

-has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

-has resided within a state or district for at least three months"

(for spouses of US Citizens filing under the "3 year" exception rule, change all "5 year" notes to 3 years)

Note from me: From the day you become a Permanent Resident, start keeping track of ALL time spent out of the US, including dates and dates of travel. Keep this list in one place, where it is easy for you to get at, and it will make completing N-400 much, much easier! Especially good idea for Canadians who cross the border a lot. Everyone should save whatever travel documentation available should it be required.

Fun!

Test Yourself on U.S. History:

http://uscis.gov/graphics/exec/natz/natztest.asp

100 Sample U.S. History Questions with Answers

http://uscis.gov/graphics/citizenship/flas...d_questions.pdf

These are the actual interview questions. Applicants should know all 100 questions, although a random 10 are selected and asked in the interview.

"There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:"

(see this page for more info: http://uscis.gov/graphics/services/natz/Special.htm)

There are also special rules for children. Please see the preceding links for more information on children and naturalization.

Dual Citizenship FAQ

Dual Nationality and

United States Law

by Rich Wales

http://www.richw.org/dualcit/

[Chris W 0]

The line "so-called CPRs are PRs nonetheless" is the most important line in that information. I'll try re-writing it slightly to communicate that point...