when will i become a citizen of the US ?

[kintu 4]

Good evening to all the fellow visa journey members,my question to you all is that does the two year period of me being a conditional resident counts towards the three year period that enables me to file for the Citizenship for being the spouse of a US citizen ? allow me to put my question in another way,i am aware of the fact that a spouse of a US citizen can apply for the citizenship in three years of being a permanent resident (if still married).do i have to remove conditions from my GC first and than wait for another 3 years which will be (5 years = 2 years as being a conditional resident + 3 years PR on unconditional GC ) ? or can i just apply after completing 3 years of being a GC holder (2 years as conditional PR plus 1 year with the 10 years validity GC making it a total of 3 years).my apologies for a fairly simple question that i could not put right

Thanks for your reading

[Ryan H 3,813]

Moved from Adjustment of Status from Work, Student, & Tourist Visas forum to US Citizenship Discussion.

[hmh33 117]

or can i just apply after completing 3 years of being a GC holder (2 years as conditional PR plus 1 year with the 10 years validity GC making it a total of 3 years)

This. Sometimes the removal-of-conditions (I-751) process takes a long time, occasionally more than 9 months... if that is the case you can apply for naturalization (N-400) even if the I-751 processing hasn't been completed yet - as long as you have been a permanent resident for (3 years minus 90 days).

[kintu 4]

This. Sometimes the removal-of-conditions (I-751) process takes a long time, occasionally more than 9 months... if that is the case you can apply for naturalization (N-400) even if the I-751 processing hasn't been completed yet - as long as you have been a permanent resident for (3 years minus 90 days).

o wow , i was not aware of that.so you mean , i can even file for N400 even i have been a conditional resident(2 years) who had filed for the removal of conditions and have been waiting for the time that constitutes 3 years. i.e 2 years as a CPR plus 9-12 months wait for the removal of conditions.correct me if i am wrong.thanks for your input.

[hmh33 117]

Yes, that's right.

[Dave&Roza 748]

o wow , i was not aware of that.so you mean , i can even file for N400 even i have been a conditional resident(2 years) who had filed for the removal of conditions and have been waiting for the time that constitutes 3 years. i.e 2 years as a CPR plus 9-12 months wait for the removal of conditions.correct me if i am wrong.thanks for your input.

You are not a conditional resident, you are a LPR of the US. The GC you hold is called a conditional GC because you married a USC and that marriage is less than 2 years. The US government does not want people to marry a USC get their GC and then divorce the USC spouse. So they make the GC conditional in that you must file for ROC within 2 years in order to get a 10 year GC. That is the only difference. A GC holder is a LPR no matter when it expires. You have the same rights and responsibilities. There is no I-551 condition resident and I-551 perment resident--both are I-551 and lawful permenant residents.

Having said all that, you can apply for citizenship under the 3 year rule IF you are a LPR for at least 3 year AND married to the same USC you obtained your GC thru for at least 3 years. Typically you apply for ROC and obtain the 10 year GC and then 1 year later you can file for naturalization. Now days you may be filing for naturalization before you receive the 10 year GC due to how long it is taking to process the ROC applications.

Good luck,

Dave

[Steve D. 22]

If you married to an US citizen and are in the process of removing your conditions (I-751), AND you are in the window of 3 years minus 90 days since the date you became the PR.

I had to do this route. My I751 was taking over an year. Turns out the CSC and the local office (LA) lost my files. I even had to get hold of the congressman for assistant. Finally they just say screw it and I took my oath last September.

[Okalian 41]

o wow , i was not aware of that.so you mean , i can even file for N400 even i have been a conditional resident(2 years) who had filed for the removal of conditions and have been waiting for the time that constitutes 3 years. i.e 2 years as a CPR plus 9-12 months wait for the removal of conditions.correct me if i am wrong.thanks for your input.

I must also reminded that you should be a permanent resident AND married to the same USC for that duration. Say you got the greencard through your employer and married a USC 1 year later, then you'll be eligible to apply using the 3 year rule after 3 years minus 90 days from the date of your marriage. But if you acquired the greencard through marriage, then simply you're eligible to apply 3 years minus 90 days from the date shown on your card as "resident since".

[kintu 4]

thank you dave , steve and okalian , i appreciate your inputs guys , ok , so i would be filing at CSC but darn it , a year for ROC ? why are they taking that much time.i know no one can answer that or the application inflow could be a another reason.i got my GC in about 80 days after filing AOS and everything has been a cake walk for me so far.i hope the ROC would not take that long too.hey, just out of curiosity, so according to you guys,one can file for citizenship once you have been a LPR for 3 years (still married to the same USC)and it does not matter that your application for ROC is still pending ? or the wait for the ROC application is long which constitutes the total time of 3 years ? i hope you guys got my question.thank you again for feeding me with awesome knowledge.

[AnotherLostSoul 167]

thank you dave , steve and okalian , i appreciate your inputs guys , ok , so i would be filing at CSC but darn it , a year for ROC ? why are they taking that much time.i know no one can answer that or the application inflow could be a another reason.i got my GC in about 80 days after filing AOS and everything has been a cake walk for me so far.i hope the ROC would not take that long too.hey, just out of curiosity, so according to you guys,one can file for citizenship once you have been a LPR for 3 years (still married to the same USC)and it does not matter that your application for ROC is still pending ? or the wait for the ROC application is long which constitutes the total time of 3 years ? i hope you guys got my question.thank you again for feeding me with awesome knowledge.

Kintu: Don't complain. First of all, Vermont service center is even more behind than California service center. Second, be happy you have "only" that time to wait. Think about all those families who are trying to get here through their siblings etc. They take FOREVER! It literally separates families!!! If I were you I would not complain. 1 year is no big deal. You are and will be in lawful status, nothing can hurt you too bad while your ROC is pending, so no reason to complain, ok? Plus, could be that by the time you file for ROC things are back in track. Just wait and see how things will unfold...and try to enjoy life instead of counting every single day...

I must also reminded that you should be a permanent resident AND married to the same USC for that duration. Say you got the greencard through your employer and married a USC 1 year later, then you'll be eligible to apply using the 3 year rule after 3 years minus 90 days from the date of your marriage. But if you acquired the greencard through marriage, then simply you're eligible to apply 3 years minus 90 days from the date shown on your card as "resident since".

Off topic: Love your picture of your cats and their high beams! LOL

[kintu 4]

AnotherLostSoul -

With all due respect to you , i never complained.i was not even aware of the fact that ROC takes that much time and so does the AOS (atleast what they say).i just said boy,if it will take a year, that is a long wait. that is not a complain ?who knows we get through fast the way we did in the AOS petition and I am very much aware about the siblings of the USC'S and the LPR'S in the queue waiting for years but that is irrelevent to this topic.i took your comment in good spirit.just wanted to clarify.thank you

Edited March 28, 2013 by kintu

[AnotherLostSoul 167]

AnotherLostSoul -

With all due respect to you , i never complained.i was not even aware of the fact that ROC takes that much time and so does the AOS (atleast what they say).i just said boy,if it will take a year, that is a long wait. that is not a complain ?who knows we get through fast the way we did in the AOS petition and I am very much aware about the siblings of the USC'S and the LPR'S in the queue waiting for years but that is irrelevent to this topic.i took your comment in good spirit.just wanted to clarify.thank you

Kintu: I did not mean no harm or offense when I said you're complaining...I just wrote that because (to me at least) it sounded you were quiet furious about the length of the ROC process. Anyway, I did not mean to insult you, or anything like that, and never wanted to indicate that you have no idea of the other processes, indeed, I actually wanted to "remind" you of them. So anyway, please no hard feelings, I never meant to offend you, okay? Take care!

[kintu 4]

Kintu: I did not mean no harm or offense when I said you're complaining...I just wrote that because (to me at least) it sounded you were quiet furious about the length of the ROC process. Anyway, I did not mean to insult you, or anything like that, and never wanted to indicate that you have no idea of the other processes, indeed, I actually wanted to "remind" you of them. So anyway, please no hard feelings, I never meant to offend you, okay? Take care!

cool

[NickD 203]

It was because of huge delays in the I-751, we elected to apply for US citizenship at the earliest possible date, that just happens to be one year later plus or minus a couple of days, from the earliest possible date you can apply for the I-751. That we did.

With our N-400 application, all we could send in was a copy of that long expired conditional green card and that one year extension notice. That was accepted.

We did have to make an additional 450 mile round trip to our field office just two weeks before her scheduled interview with an infopass appointment as her one year extension notice would have been expired by then. To get an I-551 stamp in her foreign passport. But that was a wasted trip because her green card finally came in a week later. She could present her ten year card at her interview, only to have it taken away. She did ask if they could punch a hole in it to obsolete it for all the trouble we knew through to get it. But no way, they just tossed it into a trashcan.

[kintu 4]

It was because of huge delays in the I-751, we elected to apply for US citizenship at the earliest possible date, that just happens to be one year later plus or minus a couple of days, from the earliest possible date you can apply for the I-751. That we did.

With our N-400 application, all we could send in was a copy of that long expired conditional green card and that one year extension notice. That was accepted.

We did have to make an additional 450 mile round trip to our field office just two weeks before her scheduled interview with an infopass appointment as her one year extension notice would have been expired by then. To get an I-551 stamp in her foreign passport. But that was a wasted trip because her green card finally came in a week later. She could present her ten year card at her interview, only to have it taken away. She did ask if they could punch a hole in it to obsolete it for all the trouble we knew through to get it. But no way, they just tossed it into a trashcan.

wow , thank you for sharing , so the USCIS extends your GC for a year when you file for ROC ? ?

Edited March 28, 2013 by kintu