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Nick&Darina

When can you apply for Citizenship

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Hi.

 

I am very early in the K1 process but i was curious about something. I read that an immigrant can file for citizenship after being married to a citizen for 3 years, but when do the the 3 years actually start? At POE, or after getting married or after receiving the GC.  I see that AOS takes over 2 years when filing in New York, so would my future wife need to wait 2 years for the GC and then an addiitional 3 years before she can apply for citizenship, at least 5 years in that case?

 

Thank You

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It starts from the issuance date on the Green Card. You have to be a permanent resident for 3 years.


K-1 Visa

Service Center : California Service Center
Consulate : Brussels, Belgium

01/29/16 : I-129f sent
02/04/16 : NOA1 notification received
03/25/16 : NOA2 (50 days)
04/25/16 :NVC case # received
06/14/16 :Medical Exam
06/17/16 :Medical Exam Pt. 2
07/12/16 : Interview
07/25/16 : POE Minneapolis-St. Paul
08/02/16 : SSN
08/12/16 : Wedding ❤️


AOS/EAD
10/12/2016 : Sent to Chicago Lockbox
10/14/2016 : Delivered in Chicago

10/30/2016 : NOA received

01/25/2017 : EAD received

02/23/2017 : I-485 Approved

 

ROC

10/03/2018 : Preparing I-751

01/12/2019 : I-751 delivered at Phoenix, AZ

 

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Must be both:

  • A permanent resident (aka "green card holder") for at least 3 years, and
  • In marital union with the same US citizen for the same 3 years prior to filing (and remain legally married until naturalized)

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Nick&Darina said:

 I see that AOS takes over 2 years when filing in New York, so would my future wife need to wait 2 years for the GC and then an addiitional 3 years before she can apply for citizenship, at least 5 years in that case?

I don’t think AOS is quite 2 years yet but it’s getting there, right now maybe 15-18 months.

But yes, the clock starts whenever she receives the green card.

 

That’s why, if you both are serious and thinking about long term, the CR1 is a superior route. But you have to be married to file CR1.

 

With the K1, currently it’s taking 10-12 months from start to interview. She will enter with the K-1 visa (with no ability to work to travel), you two have to marry within 90 days of entering, she has to file AOS as you already know and it takes long time for, and possibly another interview. She can also file for EAD/AP which will give her ability to work and travel but it will take 6-7 months to approve so she will be stuck 6-7 months without anything to do. That is the chief complaint we get on this site every day. The 3 years clock start on the day they approve her AOS

 

On the other end, CR1 requires you to get married legally, currently taking 12-14 months until interview. However, she will enter as permanent resident with the ability to work and travel immediately and the 3 year clock starts on the day she enters.

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