CR1 path to citizenship

[kaycome 7]

I have a question about CR1. Supposing i came in to usa with CR1 visa (spousal visa). I live with my usc wife for 3 years. Can i apply for naturalization after 3 years of residency in usa. So.eone told me about the 3 years rule. Is it only  applicable when you become permanent residence or it start counting right from the tine you enter usa with your CR1 visa? I dont know if my question is clear. Lol

[kaycome 7]

I saw this on a immigration site and i am curious about the information. Please how true is it?

[mniceguy16 184]

1 hour ago, kaycome said:

I have a question about CR1. Supposing i came in to usa with CR1 visa (spousal visa). I live with my usc wife for 3 years. Can i apply for naturalization after 3 years of residency in usa. So.eone told me about the 3 years rule. Is it only  applicable when you become permanent residence or it start counting right from the tine you enter usa with your CR1 visa? I dont know if my question is clear. Lol

If you come

in with a cr1 or ir1 visa, the moment your passport gets stamped with the endorsement, your clock will start ticking on that day and your green card will have that date on it as “resident since”. So as long as you don’t spend a lot of days out of the states, you will be good to apply for n400 based on 3 year rule provided you are still married to your spouse and living as husband and wife, you pay your taxes and obey the laws and don’t get into trouble with the law.

Edited September 9, 2022 by mniceguy16

[nastra30 2,044]

1 hour ago, kaycome said:

Can i apply for naturalization after 3 years of residency in usa. So.eone told me about the 3 years rule. Is it only  applicable when you become permanent residence or it start counting right from the tine you enter usa with your CR1 visa? I dont know if my question is not clear.

Your question is not clear.

1. Entering with CR1 makes you a permanent resident from day1.

2. In addition to entering you must also be living with your spouse within the US for 3 years in a bona-fide marriage. 

Edited September 9, 2022 by nastra30

[kaycome 7]

9 minutes ago, nastra30 said:

Your question is not clear.

1. Entering with CR1 makes you a permanent resident from day1.

2. In addition to entering you must also be living with your spouse within the US for 3 years in a bona-fide marriage. 

From what i know CR1 is a conditional residence and 90 days before your 2 years in usa you will need to apply for the removal of the condition. Supposing you apply for the removal of the conditional residence and the person waiting for a whole year due to the backlog work. Can the person file for N 400 after this 3 years of residency irrespective of whether of whether the conditional residence has been remove or not?

[kaycome 7]

18 minutes ago, mniceguy16 said:

If you come

in with a cr1 or ir1 visa, the moment your passport gets stamped with the endorsement, your clock will start ticking on that day and your green card will have that date on it as “resident since”. So as long as you don’t spend a lot of days out of the states, you will be good to apply for n400 based on 3 year rule provided you are still married to your spouse and living as husband and wife, you pay your taxes and obey the laws and don’t get into trouble with the law.

That means N400 is not dependent on whether your residence is CR1 or IR1. As long as you fulfill the 3 years of residency, you can file for N400? Right?

[nastra30 2,044]

8 minutes ago, kaycome said:

From what i know CR1 is a conditional residence and 90 days before your 2 years in usa you will need to apply for the removal of the condition. Supposing you apply for the removal of the conditional residence and the person waiting for a whole year due to the backlog work. Can the person file for N 400 after this 3 years of residency irrespective of whether of whether the conditional residence has been remove or not?

CR is conditional but I'm telling you today it still makes you a LEGAL PERMANENT RESIDENT. So regardless of whether you entered on CR or IR you are a permanent resident. You'll have to remove conditions (of course) first before filing N400.

Edited September 9, 2022 by nastra30

[kaycome 7]

2 minutes ago, nastra30 said:

CR is conditional but I'm telling you today it still makes you a LEGAL PERMANENT RESIDENT. 

Okay 

[nastra30 2,044]

So this is the process when you enter on CR1.

+ Enter POE with CR1, your passport gets stamped to confirm your LPR status. 

+ Maintain your residency status for 3 years

+ File to remove conditions on LPR status after 2 years. (Can apply 90 days early)

+ Be still married and continue to have a bona-fide marriage to your spouse for those 3 years.

+ Apply for naturalization after 3 years (can apply 90 days early)

 

Does this clear up your confusion?

[nastra30 2,044]

10 minutes ago, kaycome said:

That means N400 is not dependent on whether your residence is CR1 or IR1. - Correct

As long as you fulfill the 3 years of residency, you can file for N400? Right? - Not only this, but also still living with your spouse in a bona-fide marriage for those 3 years.

 

[kaycome 7]

16 minutes ago, nastra30 said:

So this is the process when you enter on CR1.

+ Enter POE with CR1, your passport gets stamped to confirm your LPR status. 

+ Maintain your residency status for 3 years

+ File to remove conditions on LPR status after 2 years. (Can apply 90 days early)

+ Be still married and continue to have a bona-fide marriage to your spouse for those 3 years.

+ Apply for naturalization after 3 years (can apply 90 days early)

 

Does this clear up your confusion?

Yes thank you very much

[kaycome 7]

Please how long does it take to remove the CR1 after the 2 years?

[carmel34 3,537]

14 minutes ago, kaycome said:

Please how long does it take to remove the CR1 after the 2 years?

Removal of conditions varies by USCIS office assigned the case file, so check the USCIS website for processing times.  Some have been waiting 3 years.

Edited September 9, 2022 by carmel34

[nastra30 2,044]

You can check your processing times here:

https://egov.uscis.gov/processing-times/

 

However,  for some reason processing times for I-751 cases at NBC are not available on USCIS. Since you've mentioned CR1 my assumption will be your case will go to NBC. You can follow this thread if that's your case.

 

But in general, I-751 cases seem to be taking a long time for CR1 cases. In a lot of instances filing for N400 actually speeds up the approval of I-751. However, your N400 will not be approved until your I-751 has been approved.

[Dashinka 23,366]

32 minutes ago, kaycome said:

Please how long does it take to remove the CR1 after the 2 years?

It can be fairly long for the ROC as USCIS does not seem to prioritize these applications (I751), but you do not have to wait for the ROC to be completed before filing the N400 for naturalization assuming you meet all the requirements for the 3 year rule.  My wife filed her I751 in December 2016 right when USCIS began slowing the processing, and about a year later (January 2018) she filed the N400.  Her I751/ROC was still in process, but the Detroit field office processed her N400 in a little over five months, and she was naturalized in early June 2018.  I should note that if there is an I751/ROC in process, it does have to be finalized before the N400 can be finalized.  When there are both the N400 and I751 in process, they usually get combined and finalized at the same time.

 

Good Luck!