When can I apply for naturalization? (Confused)

[rob_h 1]

Hi,

I'm looking for advice on when I can apply for naturalization to convert from my current status of Permanent Resident ('IR1').

 

Summary:

• I came to the US as a CR1 on 5th May 2016 as my wife (a US Citizen) and I had been married less than 3 years
• The Adjustment of Status was accepted on 04/03/2019, this converted the CR1 to IR1
• The date on my permanent resident card says 'Resident Since': 05/09/2016

 

The 'Guide to Naturalization' (M-476) pdf states the following (page 21):

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen; and

Have been married to and living with that same U.S. citizen for the past 3 years; and
Your spouse has been a U.S. citizen for the past 3 years.

"Time as a permanent Resident: 3 years"

 

In addition page 10, "5. When does my time as a Permanent Resident begin?"

Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as an Alien Registration Card or “Green Card”). The sample cards on this page show where you can find important information such as the date your Permanent Residence began.

 

The above paragraph is contradictory:

• "Your time as a Permanent Resident begins on the date you were granted permanent resident status." and 
• "This date is on your Permanent Resident Card (formerly known as an Alien Registration Card or “Green Card”)."

The dates for the above points in my case are not the same.

 

To restate, my permanent resident card says 'Resident Since': 05/09/2016. This is the date the above statement says to reference for the "When does my time as a Permanent Resident begin". There is no mention of CR1 in the 'Guide to Naturalization' hence I am completely confused when I should apply for naturalization.

 

Thanks for any help, please feel free to ask anything that will help clarify when I can apply for naturalization and apologies, the guide to naturalization is confusing.

 

Rob

[dwheels76 5,461]

2 minutes ago, rob_h said:

Hi,

I'm looking for advice on when I can apply for naturalization to convert from my current status of Permanent Resident ('IR1').

 

Summary:

• I came to the US as a CR1 on 5th May 2016 as my wife (a US Citizen) and I had been married less than 3 years
• The Adjustment of Status was accepted on 04/03/2019, this converted the CR1 to IR1
• The date on my permanent resident card says 'Resident Since': 05/09/2016

 

 

You mean you filed for Removal of Conditions 4/3/2018 not 2019 that would make you 1 year late.

You are now eligible to file for citizenship Feb. 8 ,2019. You wre eligible 90 days from your 3 year anniversary as a green card holder

[NikLR 13,220]

21 minutes ago, dwheels76 said:

You mean you filed for Removal of Conditions 4/3/2018 not 2019 that would make you 1 year late.

You are now eligible to file for citizenship Feb. 8 ,2019. You wre eligible 90 days from your 3 year anniversary as a green card holder

I think the ROC was approved on that date not filed. 

OP please:

https://www.visajourney.com/timeline/profile.php?id=213934

[NikLR 13,220]

also 

~~moved to US citizenship from IR1/CR1 process and procedures~~

[CJKylie 161]

You became eligible on 2/8/19, assuming you’ve met the residency requirements

[little immigrant 800]

No wonder you're confused. You're getting a lot of the terminology wrong. 

 

If you had CR1 why did you need adjustment of status? 

 

The three year marriage anniversary is of no importance. It's the two year anniversary which determines conditional green card or green card without conditions. 

 

I also believe your card has an incorrect date as you entered with a CR1 on 5/5/2016 and that should be the date on your card. Compare to your endorsement stamp on your visa which is in your passport. It should be the same date. 

 

You can always use this however you're already eligible to apply

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

I had a wrong date on my Green card and it caused problems with my N400 application. I would suggest to double check. Hopefully it will be immaterial since the dates are close. 

Edited July 20, 2019 by little immigrant

[Wuozopo 4,285]

3 hours ago, rob_h said:

The date on my permanent resident card says 'Resident Since': 05/09/2016

The easy way is look at that date and add three years if you stayed married to the same US citizen. You have been eligible since May. Apply any time you like.

 

if you did not stay married to the same USC, then you would be eligible five years from that "resident since" date.

 

 

[rob_h 1]

On 7/19/2019 at 5:34 PM, dwheels76 said:

You mean you filed for Removal of Conditions 4/3/2018 not 2019 that would make you 1 year late.

You are now eligible to file for citizenship Feb. 8 ,2019. You wre eligible 90 days from your 3 year anniversary as a green card holder

Wow, thanks to everyone for such quick and informative answers, it's testament to the forum, very impressive. I'll try to get through all of the answers/questions.

 

Re the 'Adjustment of Status', I submitted the application on 8th February 2018 but it was only accepted this year 04/03/2019, no idea why. Thanks very much for the reply dwheels76.

 

 

 

 

[rob_h 1]

On 7/19/2019 at 6:04 PM, CJKylie said:

You became eligible on 2/8/19, assuming you’ve met the residency requirements

Thanks CJKylie, much appreciated.

 

On 7/19/2019 at 7:02 PM, little immigrant said:

No wonder you're confused. You're getting a lot of the terminology wrong. 

 

If you had CR1 why did you need adjustment of status? 

 

The three year marriage anniversary is of no importance. It's the two year anniversary which determines conditional green card or green card without conditions. 

 

I also believe your card has an incorrect date as you entered with a CR1 on 5/5/2016 and that should be the date on your card. Compare to your endorsement stamp on your visa which is in your passport. It should be the same date. 

 

You can always use this however you're already eligible to apply

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

I had a wrong date on my Green card and it caused problems with my N400 application. I would suggest to double check. Hopefully it will be immaterial since the dates are close. 

Thanks, re the 'Category' it was a CR1 as we were married <2 years, hence the 'I-751' was filed on 8th February 2018 to transition to a permanent resident. The date entering the US should be 9th May 2016.

 

On 7/19/2019 at 8:53 PM, Wuozopo said:

The easy way is look at that date and add three years if you stayed married to the same US citizen. You have been eligible since May. Apply any time you like.

 

if you did not stay married to the same USC, then you would be eligible five years from that "resident since" date.

 

 

Thanks Wuozopo, much appreciated.

 

 

[afrocraft 313]

Could you please (re)confirm your:

 

- Date of marriage to your current US citizen spouse?

- Date of entry to the US on the CR1, going by the entry stamp on your passport?

- Green card "Resident Since" date?

 

Those are the critical dates that matter, and some don't appear to align in your previous posts.

[CJKylie 161]

43 minutes ago, afrocraft said:

Could you please (re)confirm your:

 

- Date of marriage to your current US citizen spouse?

- Date of entry to the US on the CR1, going by the entry stamp on your passport?

- Green card "Resident Since" date?

 

Those are the critical dates that matter, and some don't appear to align in your previous posts.

This info is all in @rob_h‘s timeline, and the filing eligibility date was 02/08/2019 (90 days before 05/09/2019)

[rob_h 1]

 

On 7/23/2019 at 4:29 PM, afrocraft said:

Could you please (re)confirm your:

 

- Date of marriage to your current US citizen spouse?

- Date of entry to the US on the CR1, going by the entry stamp on your passport?

- Green card "Resident Since" date?

 

Those are the critical dates that matter, and some don't appear to align in your previous posts.

On 7/23/2019 at 5:14 PM, CJKylie said:

This info is all in @rob_h‘s timeline, and the filing eligibility date was 02/08/2019 (90 days before 05/09/2019)

 

Thanks for sticking with this, it's much appreciated. Reconfirming:

- Date of marriage to your current US citizen spouse? 13th July 2015

- Date of entry to the US on the CR1, going by the entry stamp on your passport? 3rd May 2016 - Note, there are quite a few stamps but this looks the most accurate in terms of timing.

- Green card "Resident Since" date? 9th May 2016 

 

Thanks again.

[afrocraft 313]

Awesome. My comments are in the quote below:

1 hour ago, rob_h said:

- Date of marriage ... 13th July 2015. You've been married for >3 years. Check.

- Date of entry to the US on the CR1... 3rd May 2016 

- Green card "Resident Since" date? 9th May 2016 

Those dates are incongruous -- your "Resident Since" date should be your date of entry on CR1 -- but they are sufficiently close enough not to bother to correct the error, which is a bureaucratic nightmare. In any case, going with the later date, your earliest filing date was 02/08/2019, as others have advised.

Good luck!