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Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

Hi everyone!

I have a question: Applying for the Citizenship should be from the date of marriage " after 3 years " or the date we received the green card ?

If you received your GC through marriage to be eligibe for USC you have to be a permanent resident for at least 3 years and, in addition to it, you have to be married to and physically live with the same US citizen.

So the answer is - yes, if you're still married with the same US citizen, the first requirement is 3 years from the date of your GC.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The date is on the GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Egypt
Timeline
Posted (edited)

Hi everyone!

I have a question: Applying for the Citizenship should be from the date of marriage " after 3 years " or the date we received the green card ?

Look at the "Resident Since" date on the front of your green card.

You can apply if:

- It has been at least 3 years minus 90 days from that date on the day you apply.

AND

- You have been married for 3 full years on the day that you apply.

AND

- Your spouse has been a US citizen for 3 full years on the day that you apply.

Note that the 90 early filing rule only applies to the anniversary of the day you became a resident, not the other two conditions.

The day you received the physical card is irrelevant.

The day used for the 3 year calculation is the Resident Since date.

The date of the marriage is only relevant to make sure that you were married for 3 full years when you applied.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

3 years if you are still married to your USC wife then.

You can apply 90 days before the 3 year anniversary of becoming a greencard holder.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

USCIS cares about the date on your GC. Your spouse will likely remind you if you forget the date of your marriage.... :lol:

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: AOS (apr) Country: Algeria
Timeline
Posted

Funny that this question was asked cause my husband just received his green card and we were trying to figure out how long would it be before he could remove his conditions. Hes been here a little over a year but his green card says:

RESIDENT SINCE 04-17-15

CARD EXPIRES 04-17-17

Now I have a question. so he can start the next phase and sending in his paperwork beginning Jan 2018?

So the residency begins with the date that the green card was approved and not the date they came in :cry:?

So I guess I need to find out what to do about the expiration of the card now. So many ladders to climb and chutes to slide down ughhhhhhhhhh

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Look at the "Resident Since" date on the front of your green card.

You can apply if:

- It has been at least 3 years minus 90 days from that date on the day you apply.

AND

- You have been married for 3 full years on the day that you apply.

AND

- Your spouse has been a US citizen for 3 full years on the day that you apply.

Note that the 90 early filing rule only applies to the anniversary of the day you became a resident, not the other two conditions.

The day you received the physical card is irrelevant.

The day used for the 3 year calculation is the Resident Since date.

The date of the marriage is only relevant to make sure that you were married for 3 full years when you applied.

The date is on the GC.

If you received your GC through marriage to be eligibe for USC you have to be a permanent resident for at least 3 years and, in addition to it, you have to be married to and physically live with the same US citizen.

So the answer is - yes, if you're still married with the same US citizen, the first requirement is 3 years from the date of your GC.

Thank you Guys, I asked this question because I just got my GC after 1 year and one month of our marriage, so the Card is for 2 years + the one year of marriage it should be a full 3 years of marriage from American Citizen, so should I apply to remove the condition and get the 10 years green card and apply after one year or Just apply when we complete 3 years of marriage ?

Thank you so much.

Posted (edited)

Funny that this question was asked cause my husband just received his green card and we were trying to figure out how long would it be before he could remove his conditions. Hes been here a little over a year but his green card says:

RESIDENT SINCE 04-17-15

CARD EXPIRES 04-17-17

Now I have a question. so he can start the next phase and sending in his paperwork beginning Jan 2018?

So the residency begins with the date that the green card was approved and not the date they came in :cry:?

So I guess I need to find out what to do about the expiration of the card now. So many ladders to climb and chutes to slide down ughhhhhhhhhh

He has to file for removal of conditons (ROC) BEFORE the GC expires. He can send in the I-751 form no earlier than 90 days before the GC expires--January 17, 2017. As long as he meets ALL the requirements for residency, he can apply for naturalization based on the 3 year rule in 2018 as long as he is still married to you or wait until 2020 and naturalize based on 5 years as a LPR.

Dave

Edited by Dave&Roza
  • 2 weeks later...
Filed: K-3 Visa Country: Pakistan
Timeline
Posted

Hello, this is really a helpful community i am permenant resident since oct of 2012 and me and my wife are married fir about more than 4 years now. Does it mean that if i became resident on 10/15/2012 i can apply after 07/15/2015. I checked uscis neutralization eligibility guidelines on uscis website but it does not say any thing about early 90 day filing. Offcourse i believe what you are saying because i have seen same thing on othet threads also but where can i find it on uscis website?

Hello, this is really a helpful community i am permenant resident since oct of 2012 and me and my wife are married fir about more than 4 years now. Does it mean that if i became resident on 10/15/2012 i can apply after 07/15/2015. I checked uscis neutralization eligibility guidelines on uscis website but it does not say any thing about early 90 day filing. Offcourse i believe what you are saying because i have seen same thing on othet threads also but where can i find it on uscis website?

Look at the "Resident Since" date on the front of your green card.

You can apply if:

- It has been at least 3 years minus 90 days from that date on the day you apply.

AND

- You have been married for 3 full years on the day that you apply.

AND

- Your spouse has been a US citizen for 3 full years on the day that you apply.

Note that the 90 early filing rule only applies to the anniversary of the day you became a resident, not the other two conditions.

The day you received the physical card is irrelevant.

The day used for the 3 year calculation is the Resident Since date.

The date of the marriage is only relevant to make sure that you were married for 3 full years when you applied.

Filed: Citizen (apr) Country: Egypt
Timeline
Posted (edited)

Hello, this is really a helpful community i am permenant resident since oct of 2012 and me and my wife are married fir about more than 4 years now. Does it mean that if i became resident on 10/15/2012 i can apply after 07/15/2015. I checked uscis neutralization eligibility guidelines on uscis website but it does not say any thing about early 90 day filing. Offcourse i believe what you are saying because i have seen same thing on othet threads also but where can i find it on uscis website?

You can apply 90 days early, but your dates are wrong. If they get your applocation on July 15th or July 16th they will return you application or, if you are unlucky, you'll make it to the interview before you get denied. If you use the early filing calculator, you'll see that 90 days before October 15th is July 17th. That is the first day you can apply.

http://www.uscis.gov/early-filing-calculator

"The information in this part ONLY relates to your time as a permanent resident if you file under Section 319(a) and 316(a) of the INA. All other eligibility requirements MUST be met at the time of filing.

You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

Permanent resident for at least 5 years; or

Permanent resident for at least 3 years if you are married to a US citizen."

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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