When can I start the naturalization process?

[smurrito 1]

This might be a silly question but the guide says that you can start the naturalization process if you're married to a US citizen for 3 years, AND have had permanent residency for 3 years. Does the 2 years of conditional residency of the green card count towards these 3 years? Or is it 3 years with the permanent card?

Thank you!

[Darnell 8,479]

first green card, first date printed in it -

peg that date into a calendar and see what you gots.

[smurrito 1]

Awesome - that means I can start now!

Thanks!

[Shub 78]

This might be a silly question but the guide says that you can start the naturalization process if you're married to a US citizen for 3 years, AND have had permanent residency for 3 years. Does the 2 years of conditional residency of the green card count towards these 3 years? Or is it 3 years with the permanent card?

Thank you!

Look up the date next to "resident since" on your green card, add 3 years, subtract 90 days (not 3 months), and that's when your eligibility window opens.

You were initially a conditional permanent resident, but a permanent resident nonetheless, so the "resident since" date should be the same between your 2-year green card and your 10-year one.

[Dave&Roza 748]

This might be a silly question but the guide says that you can start the naturalization process if you're married to a US citizen for 3 years, AND have had permanent residency for 3 years. Does the 2 years of conditional residency of the green card count towards these 3 years? Or is it 3 years with the permanent card?

Thank you!

A conditional perment resident is a LPR. The only difference between a conditional LPR and a LPR is that your LPR status expires when the Conditional GC expires. That is it. Same rights and responsibilities. So the "residence since" date on your GC is the starting date of your LPR status. As long as you meet all the other requirements for naturalization, you can file based on marriage to a USC at the 3 year minus 90 DAYS mark of the residence since date.

Dave

Edited March 20, 2014 by Dave&Roza

[Darth Vader Ku 16]

A conditional perment resident is a LPR. The only difference between a conditional LPR and a LPR is that your LPR status expires when the Conditional GC expires. That is it. Same rights and responsibilities. So the "residence since" date on your GC is the starting date of your LPR status. As long as you meet all the other requirements for naturalization, you can file based on marriage to a USC at the 3 year minus 90 DAYS mark of the residence since date.

Dave

That's not entirely correct. The overwhelming majority of those within their 90-day window to remove the conditions attached to their residency automatically have that residency extended by a year, so the expiration date of the conditional Green Card is not necessarily an expiration of one's Legal Permanent Resident status.

However, the point is moot since the issue is when residency begins and it begins on the "Resident Since..." date on any of your cards and has nothing to do with expiration dates.

[Dave&Roza 748]

That's not entirely correct. The overwhelming majority of those within their 90-day window to remove the conditions attached to their residency automatically have that residency extended by a year, so the expiration date of the conditional Green Card is not necessarily an expiration of one's Legal Permanent Resident status.

However, the point is moot since the issue is when residency begins and it begins on the "Resident Since..." date on any of your cards and has nothing to do with expiration dates.

If you fail to file for ROC you loose your LPR status. If you fail to file the I-90 to renew your GC, your LPR status does not expire. That is the main difference between a conditional GC and a GC. That is also why you must file the ROC before your conditional GC expires as your LPR status also expires when the GC expires. Yes, your LPR status is extended when you file for ROC, but fail to file for ROC and you are no longer in the US legally and beome deportable--that is not the case if you forget to file to renew your GC.

Back to the OP's question.

Dave

[Darth Vader Ku 16]

If you fail to file for ROC you loose your LPR status. If you fail to file the I-90 to renew your GC, your LPR status does not expire. That is the main difference between a conditional GC and a GC. That is also why you must file the ROC before your conditional GC expires as your LPR status also expires when the GC expires. Yes, your LPR status is extended when you file for ROC, but fail to file for ROC and you are no longer in the US legally and beome deportable--that is not the case if you forget to file to renew your GC.

Back to the OP's question.

Dave

It's not "off-topic" just because you don't like my answer which happened to be correct. You introduced irrelevant information (expiry dates of conditional Green Cards), and you cited it wrongly which could be potentially misleading to those who might read these forums later on. I concede it sucks to be wrong (as you were with your incorrect statements above), but that does not make it off-topic. The Original Poster can go by his/her "Resident Since..." date and no harm done.

Edited March 20, 2014 by Darth Vader Ku