K1 to Citizenship: 3 year Start Time Question

[vandan 0]

Hi All,

 

Trying to understand the timelines as I've heard conflicting things on citizenship based on marriage (K1 Visa). 

• Husband Moved to USA on K1 Visa October 2018 and we were married the same month
• Conditional Green Card issued 11/2020

If I remember right the officer during our interview told us to apply for Naturalization mid 2021 instead of a permanent resident card with no conditions. It seems this timing would be based off the 3 year clock starting on when when he entered the USA on his K1 or when we were married. He has been in the USA the whole time with me. 

 

Any clarification on the timing? Does the 3 year clock start when he we were married since he had the K1 Visa on his passport? Is the K1 Visa considered some sort of residence for this? 

 

Thanks!

 

Van & Dan 

 

[Just Paul 4,595]

Three years from the "resident since" date of the green card.  You should apply for ROC but you need not receive the card.

Edited November 16, 2020 by Paul & Mary

[HRQX 4,146]

5 minutes ago, vandan said:

Is the K1 Visa considered some sort of residence for this?

No. The date that matters is when I-485 was approved. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

[HRQX 4,146]

10 minutes ago, vandan said:

and we were married the same month

When was I-485 approved? Was it after your 2-year marriage anniversary? Depending on the dates, you may or may not be subject to INA 216.

[vandan 0]

13 minutes ago, HRQX said:

When was I-485 approved? Was it after your 2-year marriage anniversary? Depending on the dates, you may or may not be subject to INA 216.

 

We were married about a year. I mistyped in my original post, he received his conditional green card on 11/2019, not 11/2020. 

[Dashinka 25,885]

1 minute ago, vandan said:

 

We were married about a year. I mistyped in my original post, he received his conditional green card on 11/2019, not 11/2020. 

So he can apply for naturalization 11/2022 less 90 days assuming he meets all the requirements.

 

Good Luck!

 

[SteveInBostonI130 3,492]

15 minutes ago, Dashinka said:

So he can apply for naturalization 11/2022 less 90 days assuming he meets all the requirements.

 

Good Luck!

 

And you will need to apply for ROC on 11/2021, minus 90 days.

[vandan 0]

"2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[13] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2#footnote-13

 

I found this. I wonder if he could be considered an LPR at the time he was admitted to the US with an immigrant visa (K1)? 

 

[HRQX 4,146]

9 minutes ago, vandan said:

 

I found this. I wonder if he could be considered an LPR at the time he was admitted to the US with an immigrant visa (K1)?

Per INA 214, K-1 is non-immigrant visa. That is why I-485 approval date is what matters.

Edited November 17, 2020 by HRQX

[Just Paul 4,595]

1 hour ago, vandan said:

I found this. I wonder if he could be considered an LPR at the time he was admitted to the US with an immigrant visa (K1)? 

K1 visa clearly states it is a NON IMMIGRANT on it.

[Dutchster 1,107]

There are no loopholes around this one (or any immigration-wise for that matter) 

The officer either gave you incorrect information or you may have misunderstood him. Either way, the 3 year residency for the N-400 rule goes by the date on your green card. Since the fiancé(e) came on a K-1 non immigrant visa, adjusted status and received their conditional green card (two year GC), the fiancé(e) has to remove conditions first to become eligible for N-400 based on 3 year residency/marriage rule. 

If adjustment of status was approved by the time you two were married for two years or longer, then you would get your permanent resident card for 10 years and you wouldn't have to do ROC. But in this case, like many and like mine, you will need to file I-751 90 days before the conditional green card expires. If you become eligible during the pending ROC for citizenship, you can file N-400 and there will likely be a merged interview. 

I hope that helped. 

Edited November 17, 2020 by Dutchster

[aaron2020 11,652]

15 hours ago, vandan said:

"2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[13] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2#footnote-13

 

I found this. I wonder if he could be considered an LPR at the time he was admitted to the US with an immigrant visa (K1)? 

 

A K-1 is a NON-IMMIGRANT VISA.   Your husband was not admitted into the US with an immigrant visa.  He became an LPR when his USCIS approved his adjustment application.

[Cheburashka34 228]

This helps a lot, I had the same question. Thank you!!

[SusieQQQ 11,588]

On 11/16/2020 at 4:28 PM, vandan said:

"2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[13] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2#footnote-13

 

I found this. I wonder if he could be considered an LPR at the time he was admitted to the US with an immigrant visa (K1)? 

 

If K1 was an immigrant visa he would not have needed to adjust status.