Quick question on when to apply for U.S. citizenship.

[danilo 0]

i petitioned my wife using a fiance visa. when she got here on may 16 2012 and we got married on july 28 2012. now she got her green card a year later and it says there that Resident since: 8/21/2013. from where do i start calculating here 3 years to be able to apply for U.S. citizenship. Is it from the first day that she entered the U.S. OR the day we got married OR the date on her green card that says resident since 8/21/2013??

really appreciate your info on this thank you!!!

we dont wanna waste time and file this as soon as we can coz we want to petition her mother ASAP as we need help with our 1 year old daughter.

[msowen 5]

From the date on the Green card - it's three years of "residence", not in country time.

So based on your comment, 08/21/2013 - you can apply (3 years - minus 90 days), from around 05/23/16

Good luck

[Pitaya 2,577]

Date on her GC (Lawful Permanent Resident). Read the USCIS link for more specific information and qualifications:

http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Edited February 17, 2015 by A&B

[Dohan 133]

As per the USCIS it is the date on the green card. You can confirm here: http://www.uscis.gov/early-filing-calculator

As a side note, what are you petitioning for her mother? If it's a tourist visa, be careful because she cannot be here for sole purpose of baby sitting, USCIS sees that as work. I know it sounds ridiculous and I have worked on such cases but US immigration laws are never based on common sense.

[danilo 0]

As per the USCIS it is the date on the green card. You can confirm here: http://www.uscis.gov/early-filing-calculator

As a side note, what are you petitioning for her mother? If it's a tourist visa, be careful because she cannot be here for sole purpose of baby sitting, USCIS sees that as work. I know it sounds ridiculous and I have worked on such cases but US immigration laws are never based on common sense.

ugh that sucks!i thought it was the date from which she first entered the U.S. or at least from the day we met the condition of getting married so another year of waiting then...

no not as a tourist..we want to get her to live with us.

[JimmyHou 611]

As per the USCIS it is the date on the green card. You can confirm here: http://www.uscis.gov/early-filing-calculator

As a side note, what are you petitioning for her mother? If it's a tourist visa, be careful because she cannot be here for sole purpose of baby sitting, USCIS sees that as work. I know it sounds ridiculous and I have worked on such cases but US immigration laws are never based on common sense.

I assume the OP means that his wife wants to petition her mother for an immigrant visa.

1- There's no such thing as petitioning someone for a visit visa; an applicant applies for a visit visa on his/her own merits and there is no sponsor or petitioner.

2- If the mother-in-law wanted to apply for a visit visa, she could apply now. In fact, waiting until her daughter becomes a citizen would hurt her application if anything.

[JimmyHou 611]

i petitioned my wife using a fiance visa. when she got here on may 16 2012 and we got married on july 28 2012. now she got her green card a year later and it says there that Resident since: 8/21/2013. from where do i start calculating here 3 years to be able to apply for U.S. citizenship. Is it from the first day that she entered the U.S. OR the day we got married OR the date on her green card that says resident since 8/21/2013??

really appreciate your info on this thank you!!!

we dont wanna waste time and file this as soon as we can coz we want to petition her mother ASAP as we need help with our 1 year old daughter.

It sounds like you'll be eligible to apply in the summer of 2016 (as mentioned above). If your wife's process goes smoothly, she could be a citizen by the end of 2016 or early 2017. Then you've got around a year before your mother-in-law arrives. So you're looking at a wait of about 2.5 to 3 years from now... you may need to look into an alternative for help with your baby.

Edited February 17, 2015 by JimmyHou

[Dohan 133]

I assume the OP means that his wife wants to petition her mother for an immigrant visa.

1- There's no such thing as petitioning someone for a visit visa; an applicant applies for a visit visa on his/her own merits and there is no sponsor or petitioner.

2- If the mother-in-law wanted to apply for a visit visa, she could apply now. In fact, waiting until her daughter becomes a citizen would hurt her application if anything.

I was just asking, some VJ members have previously mistakengly referred to tourist visas as being petitioned because for non ESTA and other waiver countries the US relative has to submit proof that they can support so people do get confused.

and your #2 is exactly why I was asking

[NancyNguyen 1,657]

You have to remove condition of Green Card, don't you?

[Jabl2rom 54]

I assume the OP means that his wife wants to petition her mother for an immigrant visa.

1- There's no such thing as petitioning someone for a visit visa; an applicant applies for a visit visa on his/her own merits and there is no sponsor or petitioner.

2- If the mother-in-law wanted to apply for a visit visa, she could apply now. In fact, waiting until her daughter becomes a citizen would hurt her application if anything.

So let me get this straight:

1. She can apply for a visitor's visa now, however the fact that her daughter is in the States with a child could be used against her

2. Her daughter can petition for her mom when she becomes a citizen, however it will hurt mom's application because USGovt will think the daughter married someone else in order to bring her mom over.

Doesn't make too much sense.

[JimmyHou 611]

So let me get this straight:

1. She can apply for a visitor's visa now, however the fact that her daughter is in the States with a child could be used against her

2. Her daughter can petition for her mom when she becomes a citizen, however it will hurt mom's application because USGovt will think the daughter married someone else in order to bring her mom over.

Doesn't make too much sense.

1- In a way, yes... to have a tourist visa approved, you need to show that you do not intend to immigrate. Having a relative who is a USC may make that harder, but if you can demonstrate that you have ties to your home country and that you intend to return, it won't be a problem... it's just one more hurdle. Since she can't petition her mom for an immigrant visa while still a permanent resident, this is less of an issue before she becomes a citizen.

2- No. Once she is a USC she can file a petition for her mom to come over on a green card. The marriage shouldn't have anything to do with that.

[milimelo 4,499]

i petitioned my wife using a fiance visa. when she got here on may 16 2012 and we got married on july 28 2012. now she got her green card a year later and it says there that Resident since: 8/21/2013. from where do i start calculating here 3 years to be able to apply for U.S. citizenship. Is it from the first day that she entered the U.S. OR the day we got married OR the date on her green card that says resident since 8/21/2013??

really appreciate your info on this thank you!!!

we dont wanna waste time and file this as soon as we can coz we want to petition her mother ASAP as we need help with our 1 year old daughter.

You first need to remove conditions before you can apply for naturalization.

[Ms Hogan 295]

You have to remove condition of Green Card, don't you?

You wrote exactly what I was thinking. She'll need to be removing her conditions first and then apply for citizenship another year later.