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ultrasoul

3 Year Naturalization for Non-Marriage Based Green Cards

By ultrasoul in US Citizenship General Discussion

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ultrasoul Explorer

ultrasoul   58

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Couldn't find a definitive answer on this so hoping experts at VJ can help answer this.

 

Can a non-marriage based green card holder naturalize under the 3 year rule for spouse/ child of a USC? 


Example-

  • Both my parents acquired their green card initially thru me their USC son (IR-5/ IR-0 categories, i.e. non-marriage based green card). 
  • My mother has since naturalized after fulfilling the 5 year requirement and continuous presence requirements and has been become a USC. 
  • Due to his job, my father had a re-entry permit the first 4 years of holding his green card. He has since lived continuously 3 years in the US after the expiration of his re-entry permits 

 

Can my father take advantage of the 3 year requirement being married to my mother a USC even though his green card was not an IR-1/ CR-1 (i.e. a "marriage based" green card)

 

Thanks!

Edited by ultrasoul

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

ultrasoul Explorer

ultrasoul   58

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted
1 minute ago, Chancy said:

 

When?  How long your mother has been a US citizen is a factor.

 

She has been a USC for already 3 years- I think that was the one of the prerequisites on the USCIS website.

 

However, I did not see anything about a requirement of having his/ her green card petitioned thru marriage preference CR1/ IR1 to qualify for the 3 year track but I've seen posts from immigration forums including VJ mentioning about this (could be an inaccuracy for all we know) 

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

Chancy Grand Master

Chancy   6,247

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted (edited)
15 minutes ago, ultrasoul said:

I did not see anything about a requirement of having his/ her green card petitioned thru marriage preference CR1/ IR1 to qualify for the 3 year track

 

Yes, there's no requirement for the USC spouse to be the applicant's petitioner prior to becoming an LPR.  Check here for the eligibility criteria applicable to spouses of USC residing in the US -- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

Edited by Chancy
typo
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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