WHEN AM I ELIGIBLE TO FILE N400

[rands042513 1]

hello everyone. this is my first time here in visajourney to post a topic.

My situation is, I came here in the US in September 2008 under K-1 Visa. Got married in October 2008. According to my 10-year-greencard I've been a resident since January 2010. Unfortunately, my marriage didn't work and we ended up getting a divorce. I got divorce July of this year. Now my question, when am I eligible to file for N400? I know I could file for citizenship when I was still married with my ex husband since we've been married over 3 years but didn't get to file because I don't think he wants to and all his documents are kept at his parent's house. Now, we're divorced and I'm living on my own, he moved back to his parent's house.

Any comments and information that you can share me are highly appreciated. I read the uscis website and I'm still confused and not sure that's why I decided to post here on visajourney. Hope to hear some inputs about my question. WHEN AM I ELIGIBLE TO FILE FOR N400?

Thank you very much.

[newacct 688]

5 years since you became a permanent resident, minus 90 days. So that would be October 2014.

The 3 year route requires you to be currently married to a USC and having been married to that USC for all of the preceeding 3 years. So it does not apply to you anymore.

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to US Citizenship General Discussion Forum~

~Inquiring about N-400 eligibility~

Edited September 10, 2013 by A&B

[aamirpearl 47]

hello everyone. this is my first time here in visajourney to post a topic.

My situation is, I came here in the US in September 2008 under K-1 Visa. Got married in October 2008. According to my 10-year-greencard I've been a resident since January 2010. Unfortunately, my marriage didn't work and we ended up getting a divorce. I got divorce July of this year. Now my question, when am I eligible to file for N400? I know I could file for citizenship when I was still married with my ex husband since we've been married over 3 years but didn't get to file because I don't think he wants to and all his documents are kept at his parent's house. Now, we're divorced and I'm living on my own, he moved back to his parent's house.

Any comments and information that you can share me are highly appreciated. I read the uscis website and I'm still confused and not sure that's why I decided to post here on visajourney. Hope to hear some inputs about my question. WHEN AM I ELIGIBLE TO FILE FOR N400?

Thank you very much.

You can file for N-400 at 3 years of residency if continuesly married to usc for ovr 3yrs

Edited September 10, 2013 by @@mirpeArL

[rands042513 1]

5 years since you became a permanent resident, minus 90 days. So that would be October 2014.

The 3 year route requires you to be currently married to a USC and having been married to that USC for all of the preceeding 3 years. So it does not apply to you anymore.

Hello there. Thank you very much for your reply, now I know when to file.

[mimigrant 0]

I think you got wrong info above as your dates are wrong but no one noticed.

If you came in Oct. 2008 with K-1, you probably got your first conditional GC somewhere in 2009. That's the date that matters (not the date you got the 10 year GC). As you got divorced, you can apply 5 years minus 90 days from the date you got your first conditional GC. If you're anywhere near me (first GC in March 2009), you can apply in December 2013.

Check the date of your first GC after marriage and if you need help figuring out, come back here and let us know.

hello everyone. this is my first time here in visajourney to post a topic.

My situation is, I came here in the US in September 2008 under K-1 Visa. Got married in October 2008. According to my 10-year-greencard I've been a resident since January 2010. Unfortunately, my marriage didn't work and we ended up getting a divorce. I got divorce July of this year. Now my question, when am I eligible to file for N400? I know I could file for citizenship when I was still married with my ex husband since we've been married over 3 years but didn't get to file because I don't think he wants to and all his documents are kept at his parent's house. Now, we're divorced and I'm living on my own, he moved back to his parent's house.

Any comments and information that you can share me are highly appreciated. I read the uscis website and I'm still confused and not sure that's why I decided to post here on visajourney. Hope to hear some inputs about my question. WHEN AM I ELIGIBLE TO FILE FOR N400?

Thank you very much.

Edited September 15, 2013 by themimigrant

[Harpa Timsah 13,260]

I think you got wrong info above as your dates are wrong but no one noticed.

If you came in Oct. 2008 with K-1, you probably got your first conditional GC somewhere in 2009. That's the date that matters (not the date you got the 10 year GC). As you got divorced, you can apply 5 years minus 90 days from the date you got your first conditional GC. If you're anywhere near me (first GC in March 2009), you can apply in December 2013.

Check the date of your first GC after marriage and if you need help figuring out, come back here and let us know.

The 10-year card says "resident since" on it which dates back to the conditional GC. It appears the OP did not file for the GC in a timely manner, and did not get the initial GC until 2010. You can't guess when someone got their GC based on when they got their K-1, because people often file late.

It does appear, though, that if the OP had filed in a timely manner she could be a citizen by now, based on the three year rule and what was recently a viable marriage. There are many downsides to filing late.

[mimigrant 0]

The 10-year card says "resident since" on it which dates back to the conditional GC. It appears the OP did not file for the GC in a timely manner, and did not get the initial GC until 2010. You can't guess when someone got their GC based on when they got their K-1, because people often file late.

It does appear, though, that if the OP had filed in a timely manner she could be a citizen by now, based on the three year rule and what was recently a viable marriage. There are many downsides to filing late.

I can't guess obviously, but I was pointing out that she SHOULD make sure what the original GC date is. The way she explained it, it seemed she things the counting date starts on the day she received the 10 year GC.

Also, I didn't come on a K-1 so I don't know the details on that, but I would guess you have to apply for a GC right after marrying otherwise you have no status whatsoever, so it's fair to assume she got a conditional GC in 2009.

I think my post was valid as it's obviously not clear when she got her first GC and OP doesn't seem familiar with the process. I didn't want her to wait 1 more year (if that's the case) because of an uninformed post on a forum. Give me some credit for caring here, I don't get your point to be honest.

She mentioned why she did not do the 3 year application so that's irrelevant.

Edited September 15, 2013 by themimigrant

[Harpa Timsah 13,260]

I can't guess obviously, but I was pointing out that she SHOULD make sure what the original GC date is. I think my post was valid as it's obviously not clear when she got her first GC and OP is not familiar with the process.

She mentioned why she did not do the 3 year application so that's irrelevant.

She said the "resident since" date is 2010. That means she became a LPR in 2010. She got her conditional GC in 2010.

The original date you became a LPR will always be on your GC, even when you get a 10-year one, and another.

[mimigrant 0]

She said the "resident since" date is 2010. That means she became a LPR in 2010. She got her conditional GC in 2010.

The original date you became a LPR will always be on your GC, even when you get a 10-year one, and another.

Well doesn't hurt for her to check. Is it a problem for you that I recommended she double check?

[Harpa Timsah 13,260]

Well doesn't hurt for her to check. Is it a problem for you that I recommended she double check?

You didn't say check, you said her dates must be wrong when she said her resident since date on the card.

I won't respond further.

You can post what you like.

[mimigrant 0]

(edited to remove content related to discussion removed for TOS violation)

You seem to have a lot of misinformed ideas. The "resident since" date on the GC is the date a person became LPR. It is actually common for people to be married 2 years after a K-1 visa with no status. It is too bad, but a lot of people don't plan and it happens. There is no deadline to file for AOS.

Who exactly is giving wrong info? If she didn't apply right away she could have lost her status. My allegation and intuition was not misinformed whatsoever actually, as per VJ itself: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

Edited September 15, 2013 by Kathryn41
edited comment to remove quoted material also removed

[VanessaTony 3,567]

I think you got wrong info above as your dates are wrong but no one noticed.

If you came in Oct. 2008 with K-1, you probably got your first conditional GC somewhere in 2009. That's the date that matters (not the date you got the 10 year GC). As you got divorced, you can apply 5 years minus 90 days from the date you got your first conditional GC. If you're anywhere near me (first GC in March 2009), you can apply in December 2013.

Check the date of your first GC after marriage and if you need help figuring out, come back here and let us know.

I came on a K1. I married in 2009 but I did not file AOS until 2010. There is no deadline to file AOS so my "resident since" date is almost a year past my entry. Also, the "resident since" date is based on when the AOS is approved and for some people it takes quite a while.

Also, checking the "original" GC also may not apply to the OP because if she filed an I-130 with her I-485 after 2 years of marriage she would have ended up with a 10 year GC instead of a conditional 2 year. There is no "first" conditional GC. There is only ever one conditional GC (so the term "first" is superfluous), just FYI. Also, the "resident since" date remains the same whether she had a conditional card first or not.

Since the OP states "According to my 10-year-greencard I've been a resident since January 2010." and given the information I posted, it's most likely the OP has her dates correct.

As not every situation is the same, to err on the side of caution it's better to advise the OP to re-verify the "resident since" date on their GC and count 5 years from that date and subtract 90 days.

Who exactly is giving wrong info? If she didn't apply right away she could have lost her status. My allegation and intuition was not misinformed whatsoever actually, as per VJ itself: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

There is no deadline to file AOS. Yes should would have overstayed but that does not prevent her from filing AOS later based on the approved I-129F petition as long as she married her original K1 petitioner during the 90 days.

In fact, even if she married the original petitioner AFTER the 90 days she could still have AOS'd, she just would have also needed to file an I-130.

[VanessaTony 3,567]

Also, I didn't come on a K-1 so I don't know the details on that, but I would guess you have to apply for a GC right after marrying otherwise you have no status whatsoever, so it's fair to assume she got a conditional GC in 2009.

I think my post was valid as it's obviously not clear when she got her first GC and OP doesn't seem familiar with the process.

You did not arrive on a K1, you obviously don't know much about them. That's fine. My CR-1 knowledge is extremely limited as well.

You do not have to file AOS asap. You do accrue out of status days once the I-94 expires, but as previous stated, this is not a bar to AOS.

The OP was very clear about her "resident since" date. I'm honestly surprised this went past page 1.

[mimigrant 0]

I came on a K1. I married in 2009 but I did not file AOS until 2010. There is no deadline to file AOS so my "resident since" date is almost a year past my entry. Also, the "resident since" date is based on when the AOS is approved and for some people it takes quite a while.

Also, checking the "original" GC also may not apply to the OP because if she filed an I-130 with her I-485 after 2 years of marriage she would have ended up with a 10 year GC instead of a conditional 2 year. There is no "first" conditional GC. There is only ever one conditional GC (so the term "first" is superfluous), just FYI. Also, the "resident since" date remains the same whether she had a conditional card first or not.

Since the OP states "According to my 10-year-greencard I've been a resident since January 2010." and given the information I posted, it's most likely the OP has her dates correct.

As not every situation is the same, to err on the side of caution it's better to advise the OP to re-verify the "resident since" date on their GC and count 5 years from that date and subtract 90 days.

There is no deadline to file AOS. Yes should would have overstayed but that does not prevent her from filing AOS later based on the approved I-129F petition as long as she married her original K1 petitioner during the 90 days.

In fact, even if she married the original petitioner AFTER the 90 days she could still have AOS'd, she just would have also needed to file an I-130.

Hmm so the term first is superfluous. Okay. How is that relevant here? Does it matter? I wanted to make sure OP understood I did NOT mean the 10 year GC. Cappice? It was relevant to me to emphasize that. Any problem?

I READ and UNDERSTOOD OPs post as I said before.

BUT I wanted to convey to her that the date that really matters is when she got her resident status. I really don't understand whats the big deal with me wanting her to make sure as she doesnt seem knowledgeable about the process. Cant you guys get it? Weird.

Edited September 15, 2013 by themimigrant