K-1 entry and 3-year naturalization rule

[Waiting234 18]

Arrived on K-1: April 13, 2013

Married: May 19, 2013

NOA for Green Card: August 7, 2013

Green Card Approved: December 23, 2013

We are still happily married, will be for 3 years on May 19, 2016. Have resided in USA since April 13, 2013. Do we need to wait until December 23, 2016 to be eligible for the 3 year rule or can we do it on our wedding day?

Exact rules say this:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

Just making sure I'm reading it right, but I think we need to wait until December 23, 2016; despite lawfully residing in the USA and married since May 19, 2013, which would qualify us to file on May 19, 2016...

[Waiting234 18]

And one other question, what happens if we file and send in our Naturalization fee in May and are rejected due to not meeting time requirements. Is our fee returned to us or will we have to pay again in December?

[newacct 688]

Once your spouse has the 'unconditional' 10-year green card AND meets the above criteria you listed, he/she can file for naturalization 3 years after the 'resident since' date, which is December 23, 2016 - 90 days, NOT May 19, 2016.

It's not necessary to have the 10-year card to apply for naturalization.

[belinda63 3,039]

Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

You have already answered your own question. She must be an LPR for three years as well as the other conditions.

She is in the window to remove conditions, have you filed for this yet?

[belinda63 3,039]

People have waited so long for ROC that they have filed for citizenship prior to being approved for the 10 year card. Hubby received his 10 year card about 1 month prior to being eligible for citizenship, others have waited so long they were eligible for citizenship prior to the ROC being approved.

[newacct 688]

Cite your source, please? An applicant who gets a green card via marriage will first have to remove the conditions on the green card before applying for naturalization, unless there's something you know and I don't.

I never said that a conditional LPR applying for naturalization under the 3-year rule didn't have to apply for Removal of Conditions. If they didn't apply for Removal of Conditions they would no longer be LPR at the 2-year mark, and hence do not meet the conditions for applying for naturalization. I said that they didn't have to have a 10-year card, which is true.

On this site we regularly recommend to people to apply for naturalization when their ROC has been pending for long enough for them to reach the 3-year minus 90 days point, in fact, as a way to speed up ROC.

In 8 CFR 216.1 it says:

Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible), ...

[milimelo 4,502]

You're skipping a step - Removal of conditions via I-751. Can't do that.

You also answered your own question - she can't naturalize until she's been a resident for 3 years. She hasn't become a resident until she received green card in hand in December 2013 (curse of the K-1 visa - wait time while waiting on AOS to be processed does NOT start the residency clock).