I just want to know

[shaima 1]

Hi everyone, i have a couple of simple questions.. I recieved my 10 year green card and on it, it say's resident since "16/12/11" and on my old one it say's resident since "16/12/09" that's when i first came to america, is that wrong or what? and when am I eligible for N400?? since I been sperated from my husband for 2 years and 6 months (but i'm gonna be 3 years here by the end of this year) i'm also in the process of divorce, do i fall in the catergory of 3 years eligbilaty or i have to wait 5 years?? not to forget to mention on my new green card it say's "catergory IR1" what's that??

THANK YOU =)

[TBoneTX 47,494]

*** Thread moved from ROC forum to U.S. Citizenship forum -- OP's questions chiefly pertain to citizenship. ***

[JimVaPhuong 4,864]

Hi everyone, i have a couple of simple questions.. I recieved my 10 year green card and on it, it say's resident since "16/12/11" and on my old one it say's resident since "16/12/09" that's when i first came to america, is that wrong or what? and when am I eligible for N400?? since I been sperated from my husband for 2 years and 6 months (but i'm gonna be 3 years here by the end of this year) i'm also in the process of divorce, do i fall in the catergory of 3 years eligbilaty or i have to wait 5 years?? not to forget to mention on my new green card it say's "catergory IR1" what's that??

THANK YOU =)

You've got the dates a little messed up. They list month first, followed by day, and then year. So, "16/12/11" is probably actually "12/16/11". That's the standard format in the US.

I'm not sure why your "Resident since" date is different on your 10 year card, though it looks to be exactly two years after your two year card was issued. That might be normal. Dunno. My wife hasn't received her 10 year card yet.

So, you've been separated from your husband since about six months after you got your conditional green card? Did you self petition for the 10 year green card, or did your husband also sign the I-751?

"IR1" means "Immediate Relative, category 1", which is the spouse of a US citizen with no conditions on permanent resident status.

I don't see how you could qualify for the three year rule. You must have been living in a marital union with your US citizen spouse continuously for those three years. Title 8 USC, 1430, Section 319:

if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse

You've been separated from your husband for the bulk of your marriage, and you are current going through a divorce. You have to wait until you've been an LPR for five years.

[No-Where-Man 147]

The date you were resident is the one you got in your first GC, it should be the same on the second 10 years GC, if its different, then this is a mistake on their part(you need to fix it and it will not cost you anything but it will help your N-400 later so you have to fix it), but most likely the first date is the date you became resident.

If you are married, you can file after 3 years.

You are going through divorce, so the 3 years rule will NOT apply, you have to apply after 5 years of your (resident since) date............

Edited October 29, 2012 by no_where_man