When can you apply for Citizenship

[Nick&Darina 36]

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

[leroyleviticus 80]

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

[geowrian 22,335]

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)

[USS_Voyager 1,971]

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.