Help!

[Kinsley 0]

Hi! I just have a question. If you entered and lived in the US for 4 years (10/2017) as k1 visa, then just got green card after 4 yrs living in the US (9/2021),  When can you apply for citizenship?  
when I interviewed for GC, i was told I would get a 2 year GC because in a year I could apply for citizenship, but reading the guides…. Looks like 5 years after GC is issued.

[HRQX 4,145]

10 minutes ago, Kinsley said:

Hi! I just have a question. If you entered and lived in the US for 4 years (10/2017) as k1 visa, then just got green card after 4 yrs living in the US (9/2021),  When can you apply for citizenship?  
when I interviewed for GC, i was told I would get a 2 year GC because in a year I could apply for citizenship, but reading the guides…. Looks like 5 years after GC is issued.

When was Form I-485 approved? Also, did you submit Form I-751?

 

*** Moved to US citizenship general forum ***

Edited October 14, 2021 by HRQX

[aaron2020 11,651]

You misunderstood what was said at your interview.  

 

When you entered on the K-1 is irrelevant. 

The 5 years rule for US citizenship.  You can file for citizenship after having a green card for 5 years. 

 

The 3 years rule for US citizenship.  You can file for citizenship after having a green card for 3 years if 1) you have a GC for 3 years, AND 2) you have been married to a US citizen during those 3 years of having a GC, AND 3) you have been living with your US spouse for those 3 years.  

 

If you have been married for 2 years or more at your interview, you would get a 10 years green card.

 

If you have been married for less than 2 years at your interview, you would get a 2 years green card AND must file for removal of condition within the 90 days before it expires.  

How long were you married when you had your interview?

 

 

Edited October 14, 2021 by aaron2020

[Kinsley 0]

Thank you for the response.

 

Actually, we’ve been married for more than 3 years and yet, they just gave me 2 yrs GC… that’s why I was planning to apply for Naturalization before my GC expired… but I don’t know if I’m eligible.   

[HRQX 4,145]

7 minutes ago, Kinsley said:

Actually, we’ve been married for more than 3 years and yet, they just gave me 2 yrs GC…

Again, when exactly was the I-485 approved? Also, when exactly did you marry?

 

If they issued the wrong card then you should file Form I-90 for free: "My existing card has incorrect data because of DHS error." https://www.uscis.gov/i-90 I recommend filing that form online.

Edited October 14, 2021 by HRQX

[Kinsley 0]

Just got approved this year. We got married November 2017

 

Ill check that out. Thank u.

[HRQX 4,145]

5 minutes ago, Kinsley said:

Just got approved this year

Then regards to filing for citizenship it's too early. In 2024 if you are still married to your spouse check the 90-day early filing period based on when the I-485 was approved: https://www.uscis.gov/forms/uscis-early-filing-calculator

[Kinsley 0]

Thank u for the help… Highly appreciated!  

[aaron2020 11,651]

3 hours ago, Kinsley said:

Just got approved this year. We got married November 2017

 

Ill check that out. Thank u.

You should have gotten a 10 years green card if you were married for more than 2 years at the time of your interview.   You can file Form I-90 for free to have USCIS fix their mistake.  

[Russell&Maria 13]

If you came on a K-1 visa, you are eligible to file for citizenship after 3 years of being granted conditional residency provided you have remained married to a US Citizen spouse during that time. Here is our situation: 

 

My wife arrived to this country on a K-1 visa in February 23, 2016. We were married April 30, 2016. She filed for Adjustment of status at the end of May 2016. She attended her AOS interview and was granted 2 year conditional residency on December 29, 2016. In December 2018 (2 years later), we filed for Removal of Conditions. On December 29, 2019 (3 years after being approved for conditional residency) she was eligible to file for citizenship because we were and are still married. Even though my wife was eligible to file for citizenship in December 2019, we filed in June 2020 even though she was still waiting on the Removal of Conditions process to be adjudicated (so essentially this was 3 1/2 years after being granted conditional permanent residency). As we all know Covid created massive delays in immigration cases that were in process. In  September 2020, she received notice that her ROC and Citizenship cases were being combined which meant she would have a combo ROC/Citizenship interview. On July 5, 2021, she received notice for a combo interview in San Francisco on July 27. She attended the combo interview and was approved for ROC and Citizenship on July 29. On August 24, she took the oath at the USCIS office in SF. In total, she received her citizenship in less than 5 years after becoming a permanent resident due to the fact that she came on a K-1 Visa and provided proof of a stable marriage to a US Citizen after 3 years of residency. My wife never received a 10 year GC.

 

If you have been a legal permanent resident for at least 3 years after being married to a US Citizen on a K-1 visa, you can file for Citizenship at any time even if you have not received your 10 year GC yet. You don’t have to wait until 5 years. Hope this information helps.