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Filed: Timeline
Posted

After marriage to a US citizen, I received a conditional Green Card in 2005.

The conditions were removed in 2008 and I received the 10-year Green Card.

After that we got divorced.

I understand now I have to be a Permanent Resident for 5 years before I can apply for citizenship. Is this 5 years from getting the 10-year Green Card or 5 years from getting the conditional Green Card?

The "Residence Since" date on my Permanent Resident card is the same date I got my conditional Green Card (2005).

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

5 years from the original card/ the "resident since" date, so you can apply now.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted (edited)

After marriage to a US citizen, I received a conditional Green Card in 2005.

The conditions were removed in 2008 and I received the 10-year Green Card.

After that we got divorced.

I understand now I have to be a Permanent Resident for 5 years before I can apply for citizenship. Is this 5 years from getting the 10-year Green Card or 5 years from getting the conditional Green Card?

The "Residence Since" date on my Permanent Resident card is the same date I got my conditional Green Card (2005).

I could be wrong but I think its 5 years after LPR. The first 2 years where conditonal resident. Then you became a permanent thats when you start to count for the 5 years of lawful permanent resident (LPR). So this would be 5 years later from 2008.

Edited by florida4life

Keep it Real

Posted

I could be wrong but I think its 5 years after LPR. The first 2 years where conditonal resident. Then you became a permanent thats when you start to count for the 5 years of lawful permanent resident (LPR). So this would be 5 years later from 2008.

You are wrong; it's 5 years from the date on the green card marked "resident since".

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Filed: Timeline
Posted

Thanks for the replies guys. Do you know of a way to confirm this? I've been searching and searching but haven't found any written documentation about this online.

Are you considered Permanent Resident the day you get conditional green card or the day the conditions are removed and you get the 10-year green card?

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

I could be wrong but I think its 5 years after LPR. The first 2 years where conditonal resident. Then you became a permanent thats when you start to count for the 5 years of lawful permanent resident (LPR). So this would be 5 years later from 2008.

Incorrect. You are a legal permanent resident (LPR) as soon as you get that first card. You would simply be a "conditional LPR" if you had a 2 year card and "non-conditional LPR" if you have the 10 year. The condition of the 2 year card being your marriage to a USC spouse.

Thanks for the replies guys. Do you know of a way to confirm this? I've been searching and searching but haven't found any written documentation about this online.

Are you considered Permanent Resident the day you get conditional green card or the day the conditions are removed and you get the 10-year green card?

See my response above. The reason you aren't finding anything is probably because of search terms. You are an LPR as soon as you get your first GC, 2 year or 10 year, doesn't matter. That "resident since" date means "legal permanent residence since".

Edited by Vanessa&Tony
Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Indubitably the five year since becoming a conditional green card holder. But since you came here via marriage to a US citizen that ended up in a divorce, USCIS is going to be very concerned why you did get that divorce and what happened afterwards. Like did you remarry somebody from your home country?

You have to be very well prepared for this.

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted

You count for the first time you received the card , conditional or not. Hence you would start counting from the date in 2005. Be reminded that all you did was to remove the condition from the green card, it was a green card to begin with.

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted (edited)

You count from the first time you received the card , conditional or not. Hence you would start counting from the date in 2005. Be reminded that all you did was to remove the condition from the green card, it was a green card to begin with.

Edited by mrswhitefamily
Filed: Timeline
Posted

Indubitably the five year since becoming a conditional green card holder. But since you came here via marriage to a US citizen that ended up in a divorce, USCIS is going to be very concerned why you did get that divorce and what happened afterwards. Like did you remarry somebody from your home country?

You have to be very well prepared for this.

I didn't realize I would have to worry. I thought once the condition is removed, all you have to do is wait 5 years to get citizenship and the divorce won't matter. I haven't remarried. However I'm engaged to another American citizen. Just wanted to get citizenship before I remarry.

Do I need to be worried?

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

I didn't realize I would have to worry. I thought once the condition is removed, all you have to do is wait 5 years to get citizenship and the divorce won't matter. I haven't remarried. However I'm engaged to another American citizen. Just wanted to get citizenship before I remarry.

Do I need to be worried?

Sounds okay to me, 50% of marriages whether here or aboard end up in a divorce anyway, does help a little if your spouse was the plaintiff, and whether you hand marriage counseling or not.

Both my wife and I had plenty of explaining to do, we both have high IQ's except when it came to marriage with marriage IQ's of less than two. Wouldn't have been a issue at all if she was born here, but was with the USCIS. We even dated for two years before tying the knot. we learned we could work together with issues and no agruments, not easy to find a person like that.

Luck is having an IO with similar understanding experiences. Would bring your divorce papers along and reasons why your marriage did not work out. Ironically, that I-751 gives many outs for a failed marriage, even before that two year period.

One of my wife's friends had some problems with four divorces in her background, she just replied, really don't know how things will work out until after you marry them to learn its not going to work. Her IO understood that, and let her go.

 
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