Citizenship VS Greencard Opinions?

[Brittani 484]

1 minute ago, JFH said:

 

He can apply for citizenship three years less 90 days after the "resident since" date on his green card, assuming you two are still married. If you are no longer married at that point, he has to wait until 5 years less 90 days from his "residence since" date. There are certain requirements regarding character, physical presence in the USA, etc and he needs to know some basic civics stuff. There is also an English language requirement but that's not usually an issue for Brits. 

Ok, so he can apply for citizenship within 90 days of the two year "conditional" green card runs out? Or does he need to wait until he gets his ten year one within 90 days of it running out?

[JFH 12,189]

7 minutes ago, Brittani said:

Ok, so he can apply for citizenship within 90 days of the two year "conditional" green card runs out? Or does he need to wait until he gets his ten year one within 90 days of it running out?

He has to apply to remove conditions on his residency before he can apply for citizenship. So, 90 days before the 2-year card expires he files to remove conditions and to get the 10-year card. Sometimes that takes so long that the person becomes eligible for citizenship before the 10-year card is produced. Filing for citizenship will force the approval of the removal of conditions. When he gets his 2-year card, that will have a "resident since" date on it. That's when the clock starts for the three-year residency requirement for citizenship. 

Edited November 5, 2017 by JFH

[Moxa1989 21]

6 minutes ago, Brittani said:

Ok, so he can apply for citizenship within 90 days of the two year "conditional" green card runs out? Or does he need to wait until he gets his ten year one within 90 days of it running out?

If you are a us citizen, than he can apply 3 year from when he become a green card holder minus 90 days 

so if he become GC holder on 01/03/2018 

than he can apply on 01/01/2021 which is 2 years and 9 months as a green card holder. 

 

[Brittani 484]

1 minute ago, JFH said:

He has to apply to remove conditions on his residency before he can apply for citizenship. So, 90 days before the 2-year card expires he files to remove conditions and to get the 10-year card. Sometimes that takes so long that the person becomes eligible for citizenship before the 10-year card is produced. Filing for citizenship will force the approval of the removal of conditions. When he gets his 2-year card, that will have a "resident since" date on it. That's when the clock starts for the three-year residency requirement for citizenship. 

Could you provide a specific site where I can research all this like where it laid out nicely with timelines? Just would help more. This is all so confusing to me.

[Moxa1989 21]

5 minutes ago, Brittani said:

Could you provide a specific site where I can research all this like where it laid out nicely with timelines? Just would help more. This is all so confusing to me.

[Brittani 484]

8 hours ago, Moxa1989 said:

I'm sorry I can't click on anything

Thanks!

Edited November 5, 2017 by Penguin_ie
no personal contact info in public posts please

[Wuozopo 4,285]

6 hours ago, Brittani said:

Well, I am I guess a "youngster" haha but my fiance however is 37 and has been working since he was 15/16 years old so not quite 30 years but a decent time. So basically all he would do is just apply for citizenship here after having a greencard for so long and that's it? 

In general people have to be a permanent resident 5 full years to be eligible for citizenship. BUT because he is getting his greencard based on marriage to a US citizen, he will be eligible 3 years from the issue date of his greencard if he stays married to you. Kind of a perk if married to a USC. 

 

It won't be exactly three years after his arrival because it takes time to marry, apply for the greencard, then wait for it to be approved. The issuance of the greencard is when you start counting three years. Then with the citizenship application, you have to wait for that to process and a ceremony to be scheduled. For example, I was "eligible" in the month of March (based on 3 years), got approved at an interview in April, but my naturalization ceremony wasn't until May. 

[Brittani 484]

3 minutes ago, Wuozopo said:

In general people have to be a permanent resident 5 full years to be eligible for citizenship. BUT because he is getting his greencard based on marriage to a US citizen, he will be eligible 3 years from the issue date of his greencard if he stays married to you. Kind of a perk if married to a USC. 

 

It won't be exactly three years after his arrival because it takes time to marry, apply for the greencard, then wait for it to be approved. The issuance of the greencard is when you start counting three years. Then with the citizenship application, you have to wait for that to process and a ceremony to be scheduled. For example, I was "eligible" in the month of March (based on 3 years), got approved at an interview in April, but my naturalization ceremony wasn't until May. 

Ok, got ya. That's fine we don't mind waiting just trying to figure out all the options. So he has to have a green card for 3 years. So two year green card first, within 90 days of it being issued apply for the 10 year green card and after having it for a year we can apply to remove the conditions then apply for citizenship? Do we wait to get some type of acceptance for removal of conditions or apply for both at the same time? 

[Wuozopo 4,285]

Just now, Brittani said:

Ok, got ya. That's fine we don't mind waiting just trying to figure out all the options. So he has to have a green card for 3 years. So two year green card first, within 90 days of it being issued apply for the 10 year green card and after having it for a year we can apply to remove the conditions then apply for citizenship? Do we wait to get some type of acceptance for removal of conditions or apply for both at the same time? 

 It's a timing thing and you know that all applications don't go through at the same speed, so yours will be different from the next. It goes like this--

1. Enter on a K1, marry and apply for greencard.
2. Greencard is issued. a) It expires in two years. b) Start counting your three years to citizenship eligibility. 
3. Renew greencard before it expires. That's called removal of conditions because the "condition" was you remained married to the USC. New greencard will expire in ten years.
4. Citizenship eligibility date (three years after first greencard, #2 above). 

 

Because #3 is taking so long these days, you could reach #4 date first. It is an interim renewal step in there you have to do, but doesn't really change the fact that three years after you get a greencard, you are eligible for citizenship. It is simply a timing thing that is starting to overlap because of slow processing. It could be totally different by the time you get there so I wouldn't dwell on that detail yet. 

 

The 90 day thing:

They set a limit on how early you can get applications turned in. 90 days is is the earliest. If you send it before that and they send it back.  So for example, the greencard has an expiry date. You may send in the renewal application (removing conditions) any time in that 90 day window. You can wait until just days before it expires if you want to, as long as it gets to USCIS before the expiration date. Yay procrastinators. Just don't do it more than 90 days early.

 

On citizenship application, you have an "Eligibility date". If you're super eager,  you can send 90 days before eligibility date so it can start processing. Or you can faff around and send a week early. Or you can be undecided and send after the eligibility date by weeks or years. Nothing is expiring, so you have no deadline to meet. You just can't send earlier than 90 days before the eligibility date.

 

 

 

[NYCruiser 423]

16 hours ago, csk2b1 said:

Personally, I'm waiting on Texas to secede then I'll get a Texas passport to go along with my Scottish one....

 

I think it is now California and New York who want to secede now...LOL

Good riddance!! 

[N-o-l-a 7,167]

Just to further clarify, in your situation OP:

 

Receive a greencard after adjusting status from K1 (let's say the date is 1/1/2018)

->

In the 90 days before 2 years after the date on the greencard that it was issued, apply to Remove Conditions with I-751.(10/03/2019)

-->

In the 90 days before 3 years since the first that initial greencard issue, if you are still married then can file N-400 for citizenship (10/03/2020)

OR

he can wait and not submit a bunch of evidence of your bonafide marriage again and file just on the basis of being a permanent resident for 5 years, so in that case the N-400 could be filed beginning on 10/03/2022 with our hypothetical dates.

 

You can file any time after those dates for citizenship with N-400, those are just the earliest.

[NikLR 13,220]

5 hours ago, Brittani said:

Ok, got ya. That's fine we don't mind waiting just trying to figure out all the options. So he has to have a green card for 3 years. So two year green card first, within 90 days of it being issued apply for the 10 year green card and after having it for a year we can apply to remove the conditions then apply for citizenship? Do we wait to get some type of acceptance for removal of conditions or apply for both at the same time? 

no no

 

Read NOLA's explanation.

[JFH 12,189]

Another thing to bear in mind, OP... if you are using a joint sponsor for the I-864 during the adjustment of status part, then the joint sponsor is on the hook until one of the following happens:

 

- your husband becomes a USC 

- your husband works 40 quarters 

- your husband abandons his residency in the USA and moves overseas permanently

- your husband dies

- your joint sponsor dies

 

Your husband becoming a USC is usually the first thing on the list that can or will happen. Another reason I am taking citizenship as soon as possible is to let our joint sponsor off the hook. 

 

 

[marknir 12]

23 hours ago, csk2b1 said:

Personally, I'm waiting on Texas to secede then I'll get a Texas passport to go along with my Scottish one....

 

LOL I am also entitled to a republic of Ireland passport

[Brittani 484]

Thank you to everyone! This has been very helpful knowledge.