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petridza

K1 Fiancee Visa, got the green card but it expires this year, and it's not yet time to apply for citizenship

By petridza in Removing Conditions on Residency General Discussion

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petridza Apprentice

petridza   4

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Hello, 
My husband came in Sept of 2021 to US via K1 visa, we got married right away, 10 days after he arrived, but his green card didn't arrive until May of 2022. It is expiring in May of 2024, and I don't think he can apply for citizenship yet. Do we have to extend the green card first, and then couple months after he can apply for citizenship or is there a change we can apply for citizenship instead of renewing the green card? 

 

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Crazy Cat Grand Master

Crazy Cat   39,660

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

He must first file an I-751 package to remove conditions.  He can then file for citizenship about a year after filing the I-751 (sometime in 2025).

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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powerpuff Mentor

powerpuff   5,982

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Posted (edited)

*** Topic moved from K1 forum to Removing Conditions on Residency ***
 

11 minutes ago, petridza said:

is there a change we can apply for citizenship instead of renewing the green card? 

No. You must apply for removal of conditions (ROC) form I-751 first, you can’t bypass this step. 
 

When he’s eligible, he can apply for citizenship even if I-751 is still pending.

 

From what you described it seems like he can apply for citizenship in 2025. Under the 3 year rule, you must be married to a US citizen AND be a lawful permanent resident for 3 years (so you have to count after he had his I-485 approved, not when he came to the US on K1).

Edited by powerpuff
Typo

 

 

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petridza Apprentice

petridza   4

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14 minutes ago, powerpuff said:

*** Topic moved from K1 forum to Removing Conditions on Residency ***
 

No. You must apply for removal of conditions (ROC) form I-751 first, you can’t bypass this step. 
 

When he’s eligible, he can apply for citizenship even if I-751 is still pending.

 

From what you described it seems like he can apply for citizenship in 2025. Under the 3 year rule, you must be married to a US citizen AND be a lawful permanent resident for 3 years (so you have to count after he had his I-485 approved, not when he came to the US on K1).

Thank you! I think I forgot about that step! Glad I checked in so we can be on time of the process

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Crazy Cat Grand Master

Crazy Cat   39,660

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, petridza said:

Thank you! I think I forgot about that step! Glad I checked in so we can be on time of the process

Yep.  His 90 day window for filing the I-751 opens soon, I think.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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powerpuff Mentor

powerpuff   5,982

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
19 minutes ago, petridza said:

Thank you! I think I forgot about that step! Glad I checked in so we can be on time of the process

It’s good to ask questions :) wishing you a smooth process.

 

 

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