Confused about years required before citizenship

[pm5k 129]

My cousin married a US citizen and arrived in the US 2 years ago. Her green card is going to expire this year (I guess she came on the CR-1 visa). From my understanding, after one more year, she can apply for citizenship. She is under the impression she needs 3 more years (totaling 5). Can someone please clarify?

[CHarvey80 72]

Since she is married to a USC she can apply for citizenship after 3 years has passed.

So, she has one more year to wait.

[ndu26 114]

if she is getting citizenship through marriage then she needs to have been an LPR married to a US citizen for THREE years.

[Kazulie 132]

If she is still married, it is 3 years from issue of greencard.

If they are divorced, it is 5 years from issue of greencard.

Either way, I hope she removed conditions during the appropriate time frame, yes?

[newacct 688]

I am guessing that "Her green card is going to expire this year" implies that she still needs to do Removal of Conditions.

[NickD 203]

I am guessing that "Her green card is going to expire this year" implies that she still needs to do Removal of Conditions.

Important to apply for that I-751 exactly 90 days before her second green card anniversary. Needs that new ten year card to either work or travel. Earliest she can apply for US citizenship is exactly one year after she applies for that I-751, but could to substract a couple of days from that in case it's a leap year. Also earliest you can apply is 90 days before her third year anniversary.

This is the so-called three year marriage privilege as defined by an act of congress in 1927, she will be a better citizen if married to a US citizen. But it comes at a stiff price, USCIS will give her the third degree on the validity of her marriage and litterally wants all the evidence you already submitted for your AOS and I-751 plus that additional year of evidence. One advantage of going through all this, her husband will be free of that I-864 and she can vote for the least of two evils and even apply for a job with the USCIS or other governmental agency.

Or she can wait another couple of years where the only evidence she needs is her green card. But if she applies one day too soon before that 90 day before her fifth green card anniversary, can still do so, but with a ton of evidence.

Another option is not to apply at all for citizenship, entirely different than that I-751, removal of conditions, that has got to be done.

[pm5k 129]

Is there any distinction between the time of having a green card while a conditional resident (2 years, CR-1 visa case), and the 1 year after? My cousin is under the impression it is 3 years after the first 2 years (i.e., they are not the same "type" of green card?)

[Gary and Alla 3,694]

My cousin married a US citizen and arrived in the US 2 years ago. Her green card is going to expire this year (I guess she came on the CR-1 visa). From my understanding, after one more year, she can apply for citizenship. She is under the impression she needs 3 more years (totaling 5). Can someone please clarify?

3 years total, one more to wait, and she MUST have a valid green card at the time she applies for citizenship. So she MUST file to lift conditions, get the 10 year green card (and pay for it) and then pay for and file for citizenship 1 year later and surrender her green card when she becomes a citizen.

Alla received her 10 year green card March 30, 2011 and took her oath of citizenship April 9th, 2012.

It was worth it.

[Gary and Alla 3,694]

Important to apply for that I-751 exactly 90 days before her second green card anniversary. Needs that new ten year card to either work or travel. Earliest she can apply for US citizenship is exactly one year after she applies for that I-751, but could to substract a couple of days from that in case it's a leap year. Also earliest you can apply is 90 days before her third year anniversary.

This is the so-called three year marriage privilege as defined by an act of congress in 1927, she will be a better citizen if married to a US citizen. But it comes at a stiff price, USCIS will give her the third degree on the validity of her marriage and litterally wants all the evidence you already submitted for your AOS and I-751 plus that additional year of evidence. One advantage of going through all this, her husband will be free of that I-864 and she can vote for the least of two evils and even apply for a job with the USCIS or other governmental agency.

Or she can wait another couple of years where the only evidence she needs is her green card. But if she applies one day too soon before that 90 day before her fifth green card anniversary, can still do so, but with a ton of evidence.

Another option is not to apply at all for citizenship, entirely different than that I-751, removal of conditions, that has got to be done.

One thing to consider right now, since ROCs are taking up to 11 months to process...she CAN file for citizenship in the normal time frame even if she does not have the 10 year green card in her hand. In this case she would attach a copy of her expired green card AND a copy of the 1 year extension letter. There have, recently, been cases where people were approved for citizenship before their ROC was complete. You MUST file for the ROC and be a legal permanent resident at the time of the application for citizenship.

Her expired green card and extension letter are valid for travel and work while she waits for the ROC to be completed