Green Card dates and right to Apply for Citizenship

[edaesq 0]

Hello:

My wife's Green Card said she's been a resident since Feb 16, 2017.

But she didn't get her Green Card until 2/27/20. I know this because I remember we got the Green Card in the mail at that time.

She came here on a K1 Visa on May 26, 2016. We got married on June 1, 2016.

We were through the Adjustment of Conditions stuff and then the Removal of Conditions, the latter of which is the only thing that shows on the USCIS website.

I did the USCIS online eligibility tool for Naturalizing and it said my wife is not eligible.

Obviously, I'm totally confused. We don't want to pay the $1,750.00 fee for Naturalization if she's not eligible to become a citizen. We're still married of course. She bought the house we live in for cash she brought from Japan and she self-sponsored because she had a lot of resources. She's on many Utilities and she's filed taxes jointly with me for 5 years. She doesn't work but has interest income from bank deposits so we report her interest income. She is retired after selling her school and real estate in Tokyo in 2016. So, even though she doesn't work, her cash position is such that there is no possible way she could be a public charge. She has health insurance which we pay cash for every month for the last 6 years. It's not a junk plan. She's in her mid-50's.

What's the problem? What am I missing? Why does USCIS think she's not eligible. 

Obviously, I'm lost.

Thanks

Eric

[Timona 3,958]

What's the "residence since date" on her GC, whether the first GC or the 10 year one. 

 

Read it for us. Look at the card

[edaesq 0]

It's her first Green Card.

The date says she was a resident since 2/16/17.

The card says it expires 2/27/30. That makes sense because I think they said the card is good for 10 years and she because a Green Card Holder in February of 2020.

Thanks.

Eric

[Crazy Cat 39,398]

9 minutes ago, edaesq said:

It's her first Green Card.

The date says she was a resident since 2/16/17.

The card says it expires 2/27/30. That makes sense because I think they said the card is good for 10 years and she because a Green Card Holder in February of 2020.

Thanks.

Eric

She received a 2 year Green Card in 2017?  If so, she has been a legal resident (green card holder) since 2017.  Seems, to me, she meets the 5-year rule.   Are you sure the eligibility questions were answered correctly?  @Timona, your thoughts?

Edited August 13, 2023 by Crazy Cat

[edaesq 0]

Good question.

I will try again.

Thanks.

Eric

[EM_Vandaveer 2,370]

10 minutes ago, edaesq said:

It's her first Green Card.

The date says she was a resident since 2/16/17.

The card says it expires 2/27/30. That makes sense because I think they said the card is good for 10 years and she because a Green Card Holder in February of 2020.

Thanks.

Eric

It's not her first GC, she had a 2-year GC then you did RoC and she received her 10-year GC.

[Mike E 11,725]

17 minutes ago, edaesq said:

The date says she was a resident since 2/16/17.

Then she is eligible under the 5 year rule. And https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool says so when I use her data.

17 minutes ago, edaesq said:

The card says it expires 2/27/30. That makes sense because I think they said the card is good for 10 years and she because a Green Card Holder in February of 2020.

 My wife got her 10 year gc in October 2022, and became a U.S. citizen February 2023.

Edited August 13, 2023 by Mike E

[edaesq 0]

So, I went exploring on the USCIS website and it said their Naturalization Requirements Information is out of date. 

I did the tool again and it said she "may be eligible". I must have messed up an answer.

Thanks very much for your help.

We've decided to send in the Application. 

We assume if she's not approved it won't cause a cancellation of her Green Card. Is that even possible?

She's done nothing wrong, of course. 

She wants to be a Citizen so she can vote...a reasonable ask. 

So, we're going to send it in and if they deny her I assume we'll find out why.

Thanks so much to those who answered for helping us. 

Eric & Gae Ryean

[edaesq 0]

13 minutes ago, EM_Vandaveer said:

It's not her first GC, she had a 2-year GC then you did RoC and she received her 10-year GC.

Oh, I didn't know that. 

Thanks so much for clearing that up.

 

[Crazy Cat 39,398]

3 minutes ago, edaesq said:

So, I went exploring on the USCIS website and it said their Naturalization Requirements Information is out of date. 

I did the tool again and it said she "may be eligible". I must have messed up an answer.

Thanks very much for your help.

We've decided to send in the Application. 

We assume if she's not approved it won't cause a cancellation of her Green Card. Is that even possible?

She's done nothing wrong, of course. 

She wants to be a Citizen so she can vote...a reasonable ask. 

So, we're going to send it in and if they deny her I assume we'll find out why.

Thanks so much to those who answered for helping us. 

Eric & Gae Ryean

I recommend filing online under the 5 year rule.  We just completed the naturalization process (wife).  It was easy and relatively fast.  Good luck.

[edaesq 0]

11 minutes ago, Mike E said:

Then she is eligible under the 5 year rule. And https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool says so when I use her data.

 My wife got her 10 year gc in October 2022, and became a U.S. citizen February 2023.

Thanks very much Mike.

We are not looking forward to this process because it took so many years to get her here with RFE delays, etc. But she's here now so that's the most important thing.

We'll send in the Naturalization Application!!!

Thanks again

[Mike E 11,725]

7 minutes ago, edaesq said:

We assume if she's not approved it won't cause a cancellation of her Green Card. Is that even possible?

If she is found to be ineligible to naturalize (fails civics test, fails english test, physical presence test, 3 month residency test, continuous residency test, etc), she remains an LPR.

 

Some N-400 cases will go through the entire immigration history. If it is determined she was improperly issued a 2 year or 10 year GC, then yes she might lose her GC (aka LPR status).  Here one of the most hideous cases I know of:

 

In this case, USCIS said it would not move to revoke LPR status, but said citizenship was off the table until I-407 / I-485 / new GC / 3-5 years of new LPR status. The couple split. K-1 and Conditional LPR status is so dangerous for and unfair to immigrant spouses and children.

 

10 minutes ago, edaesq said:

We are not looking forward to this process because it took so many years to get her here with RFE delays, etc. But she's here now so that's the most important thing.

In most USCIS districts, N-400s taking under 6 months. 

10 minutes ago, edaesq said:

 

We'll send in the Naturalization Application!!!

Hopefully online and not by mail.

[JeanneAdil 6,222]

its not  $1,750

 

its still the old fee

Posted by Frank Gogol in Immigrants | Updated on June 20, 2023. At a Glance: The total cost to become a U.S. citizen through naturalization is $725, which includes a $640 application fee (N-400 fee) and an $85 biometrics services fee.Jun 20, 2023

[NorthByNorthwest 217]

Just to emphasize what the others already said - don't bother filing under the 3-year rule, file under the 5-year rule - less documentation required.

[Me and her 277]

12 hours ago, edaesq said:

We don't want to pay the $1,750.00 fee for Naturalization if she's not eligible to become a citizen.

When did the fees go up?  It should be $725 total- $640 filing plus $85 for biometric?