When does the 5-year continuous residence countdown begin for a K-1 immigrant?

[CoronaKid 0]

According to the USCIS:

 

Quote

An applicant must also reside continuously in the United States for at least five years as an LPR at the time of filing ...

source

 

Correct me if I'm wrong, but it sounds like the 5-year countdown only starts once LPR status is gained. If so, where in the process is that for a K-1 immigrant?

 

Entering the US on the K-1?

Applying for AOS/EAD/AP after marriage?

Holding a valid EAD/AP card?

Only once the AOS/green card is in hand?

 

Thanks so much.

[aaron2020 11,652]

It starts when the green card is issued.  

[CoronaKid 0]

Just now, aaron2020 said:

It starts when the green card is issued.  

Thanks, that's what I feared. Who knows when that'll be with COVID-19.

[aaron2020 11,652]

There's a 3 years rule for spouses of US citizens to naturalize.  Residency starts when the green card is issue.  

[CoronaKid 0]

On a related note, what is someone's residence status called when they're in possession of an EAD/AP card, if not a "Lawful Permanent Resident"?

[aaron2020 11,652]

2 minutes ago, CoronaKid said:

On a related note, what is someone's residence status called when they're in possession of an EAD/AP card, if not a "Lawful Permanent Resident"?

Non-resident with authorized stay while AOS is pending.  Whether they have an EAD/AP card is irrelevant as long as AOS has been filed.  

Edited August 14, 2020 by aaron2020

[xyz12345 260]

You're K-1 so if you're still married, you can apply for (3yr marriage based) N-400 before your 3rd year gc anniversary. Still faster than if you wait for 5-yr residence based N-400 application.

[Crazy Cat 44,618]

12 minutes ago, xyz12345 said:

You're K-1 so if you're still married, you can apply for (3yr marriage based) N-400 before your 3rd year gc anniversary.

You're talking about the 90 day window preceding the 3rd year GC anniversary, right?

[xyz12345 260]

Just now, Lucky Cat said:

You're talking about the 90 day window preceding the 3rd year GC anniversary, right?

yes, i missed the phrase '90 days' before... 3rd yr gc anniversay. thanks!