After Adjustment of Status

[Shounok 10]

Hi visa journey members,

I just received my temporary green card in my hand. I entered in the US as a K1 visa holder got married and applied to Adjust my status and finally got the card, with out visa journey I'd have been lost totally. We didn't hire any lawyers, and with out any RFE's we've cleared the K1 as well as AOS. I followed the posts, forums and filed accordingly. Now I know before the card expires 90 days prior I've to apply to remove my conditions, and if I get an approval then I'd be permanent green card holder. But after that how long do I have to wait to apply for N400 (Citizenship) ? Is it one year only after you get your permanent gc because I found this on the N400 instructions page that "You have been married to and living with the same US Citizen for the last three years" (b-c my card expires on May,2015, so that's exactly 2 years and if I get a Permanent GC then I get to stay more and in 2016 I can apply for citizenship ? as it'd be 3 years already since I got married to my US spouse)

This is a bit confusing for me as I read previously that I can only apply for N400 if I continuously stay for 5 years after marriage. Please enlighten me with your responses.

Thank you

[Andrea&Henry 311]

Its really confusing but the law states you can apply for your citizenship in the 3rd year of your GC regarless your wedding anniversary. So in your case may 2016

[jhewell 1]

hmmm you will follow the date when you will get your Permanent resident card not the date with your temporary green card... so when you got your permanent card you will wait after 3 years before you can apply for citizenship though you can apply 90 days prior to that 3 years....

[Hypnos 6,576]

hmmm you will follow the date when you will get your Permanent resident card not the date with your temporary green card

Incorrect.

You can file three years after the "Resident Since" date on your conditional green card, minus 90 days, if you are filing for citizenship based on marriage to a US citizen who has been a US citizen for those entire three years.

[didopage 337]

hmmm you will follow the date when you will get your Permanent resident card not the date with your temporary green card... so when you got your permanent card you will wait after 3 years before you can apply for citizenship though you can apply 90 days prior to that 3 years....

No. You are a lawful permanent resident when you have a 2-year green card. OP, just look at your card, it says "Permanent Resident" on it. You can apply for citizenship starting May 2016, as Andrea said.

Your first day of permanent residency was when your green card was approved, in your case, it seems that it is in May 2013. Count 3 years more after that.. if you are still married to your US citizen for sure.

[jhewell 1]

hmmm I wish I was wrong but as she says she just receive a temporary green card not the permanent one....if you check the qualification for citizenship it says permanent resident card... correct me again if im wrong thanks for the clarification if im wrong

[didopage 337]

hmmm I wish I was wrong but as she says she just receive a temporary green card not the permanent one....if you check the qualification for citizenship it says permanent resident card... correct me again if im wrong thanks for the clarification if im wrong

Do you have a 2-year GC? I have, and I can tell you it says Permanent resident on it. Even if the status is conditional, it is a "permanent resident" one.

The "permanent" word is very relative... as no GC is valid indefinitely. It's either 2 or 10 years.

[Hypnos 6,576]

correct me again if im wrong

You are.

[Dave&Roza 748]

hmmm I wish I was wrong but as she says she just receive a temporary green card not the permanent one....if you check the qualification for citizenship it says permanent resident card... correct me again if im wrong thanks for the clarification if im wrong

I am going to correct you as you are wrong.

There is no such thing as a temporary GC. It is a CONDITIONAL GC because you received it based on marriage to a USC and that marriage is less than 2 years. The GC is a permanent resident card as is the I-551 stamp everybody talks about. Take a look at the GC and you will see I-551 on it. It does not state that it is temporary or for that matter that it is conditional. There is no difference because a GC is a GC is a GC--with all the rights and responsibilities granted to anybody as a LPR of the US.

To file for USC based on the three year rule you MUST 1) be married to the same USC spouse as when you became a LPR; 2) the USC spouse must have been a USC for the previous three years; 3) you must have maintained your LPR status during the last three years; 4) you must meet the continous residency requirement for the last three years; and 5) you must meet the residency requirement for the past 90 days before you file the application. IF you meet all of those then you can file 90 before the third anniversary of becoming a LPR. Check out this document and scroll down to page 5 to start the eligibility worksheet. Hopefully it will answer your questions.

[Shounok 10]

Yes, my wife is a US Citizen by birth so it implies 2016 is the year when I can apply to be a citizen if we are still married (Hopefully we will be ) Thanks a bazallion guys for filling me up, I really appreciate it. And yes it's not a temporary green card it's a conditional GC...my bad. Thanks once again.

Edited May 20, 2013 by Shounok

[Harpa Timsah 13,258]

The next step for you is ROC, OP, not N400.

[Shounok 10]

The next step for you is ROC, OP, not N400.

Oh yes I know it very well. Thanks for reminding.

[Pitaya 2,576]

Congrats !!!

You have earned a well deserved vacation from USCIS.

Check out the ROC calculator at the bottom of my signature block.

Good luck.

[HappyKnappy 30]

I am going to correct you as you are wrong.

There is no such thing as a temporary GC. It is a CONDITIONAL GC because you received it based on marriage to a USC and that marriage is less than 2 years. The GC is a permanent resident card as is the I-551 stamp everybody talks about. Take a look at the GC and you will see I-551 on it. It does not state that it is temporary or for that matter that it is conditional. There is no difference because a GC is a GC is a GC--with all the rights and responsibilities granted to anybody as a LPR of the US.

To file for USC based on the three year rule you MUST 1) be married to the same USC spouse as when you became a LPR; 2) the USC spouse must have been a USC for the previous three years; 3) you must have maintained your LPR status during the last three years; 4) you must meet the continous residency requirement for the last three years; and 5) you must meet the residency requirement for the past 90 days before you file the application. IF you meet all of those then you can file 90 before the third anniversary of becoming a LPR. Check out this document and scroll down to page 5 to start the eligibility worksheet. Hopefully it will answer your questions.

Great post! But I will respectfully disagree with the red text. The category field on her card most likely has CR on it, and once conditions are removed it'll change to IR... The rights and responsibilities are the same, but the period it's valid for, and what I just said make the documents different (conditional vs 10 year).

[TBoneTX 43,006]

*** Thread moved from main AOS/Family-Based forum to the Removing Conditions forum -- OP is at that stage. ***