DILEMMA

[philipo 5]

Hey Great people, 

 

I am in a BIG Dillemma, I got married ( my wife is a US citizen since birth) on June 13 2014  and my Greencard expires on May 11 2017 

I wanted to file for US citizenship instead of a 10year greencard, but the problem is I had to be married for 3 years with a US citizen ( per uscis), but looking at the date of the expiration of the GC that would be 1month too soon. 

Should I file for US citizenship or go with the 10year greencard and play it safe? 

Does anyone have any experience with this or any good advice, what should I do? 

 

Regards, 

[Scandi 3,970]

Doesn't matter if you have been married for 3 or 20 years, you can't skip the ROC and go directly to citizenship. You need to file for ROC first.

 

Besides, it's not about how long you'rve been married anyway. You have to be married to a US citizen AND be an LPR (ie having a greencard) for three years. I assume you've only had a greencard for two years?

[philipo 5]

8 minutes ago, Scandi said:

Doesn't matter if you have been married for 3 or 20 years, you can't skip the ROC and go directly to citizenship. You need to file for ROC first.

 

Besides, it's not about how long you'rve been married anyway. You have to be married to a US citizen AND be an LPR (ie having a greencard) for three years. I assume you've only had a greencard for two years?

 

You know what.. as I was reading your answer I realized that! You're totally right.. it's also in the instructions.. you have to have your GC for at least 3 years.. I think I got confused because someone told me that that was not the case anymore and being married for 3 years is sufficient. Thanks though! 

[inloveVEN 46]

this is not true.

you only can apply for citizenship after 3 years of LPR if you are still married with the same person. not Only after 3 years of marriage.  .

so you should apply for ROC first to keep your residence. 

Edited January 11, 2017 by inloveVEN

[e-l-l-e 1]

Does the 2 year of having a conditional permanent residency count towards the 3 years? So If I have my conditional green card for two years then apply for removal of conditions ( form I-751) I am eligible to apply for citizenship the next year?

[Hypnos 6,576]

Yes.

[e-l-l-e 1]

Thank you!

[USPLATINUM 13]

15 hours ago, e-l-l-e said:

Does the 2 year of having a conditional permanent residency count towards the 3 years? So If I have my conditional green card for two years then apply for removal of conditions ( form I-751) I am eligible to apply for citizenship the next year?

Yes, the 2 years of having a conditional permanent residency count. You can apply for naturalization (Form N-400) after 2years and 9 months after becoming a permanent resident and your I-751 is approved. Sometimes, if the process for removing the conditions takes too long, your time for I-400 is already up and you can apply for Naturalization. In some cases the USCIS makes a decision on both applications at the same time. It all depends on the individual case.

[e-l-l-e 1]

Thank you!