Apply for Citizenship without AOS?

[Patrick & Li]

My wife told me that she was told by 1 of her many friends that a person could apply for citizenship after so many years of being married. She wasnt sure of how long. I was just wondering if anybody had heard of this. We are approaching 4 years of being married with no end in sight for the AOS. Just curious!

 

Patrick & Li

[Tine & Ella]

Hi Pat & Li,

 

You can apply for citizenship after three years if, during that time, you have been a permanent resident and have been married to and living with a U.S. citizen It doesent matter whether you got your green card through this marriage. You will however, need to stay married through your citizenship interview.

 

If I read correctly Li must have lived with you for three years in the U.S.

 

Ella purchased a book 3rd Edition Becoming a U.S. Citizen A Guide to the Law, Exam & Interview By Attorney IIona Bray author of Fiance & Marriage Visa 342.083 BEC 2006 you can also find this at library.

 

Tine

[Patrick & Li]

It will be 3 years this June.

 

Now the magic question...... How long does it take to get Citizenship?

[LeeFisher3]

Hi Pat & Li,

 

You can apply for citizenship after three years if, during that time, you have been a permanent resident and have been married to and living with a U.S. citizen It doesent matter whether you got your green card through this marriage. You will however, need to stay married through your citizenship interview.

 

If I read correctly Li must have lived with you for three years in the U.S.

 

Ella purchased a book 3rd Edition Becoming a U.S. Citizen A Guide to the Law, Exam & Interview By Attorney IIona Bray author of Fiance & Marriage Visa 342.083 BEC 2006 you can also find this at library.

 

Tine

Until she has her green card she is not a permanent resident.

[dnoblett]

Hi Pat & Li,

 

You can apply for citizenship after three years if, during that time, you have been a permanent resident and have been married to and living with a U.S. citizen It doesent matter whether you got your green card through this marriage. You will however, need to stay married through your citizenship interview.

 

If I read correctly Li must have lived with you for three years in the U.S.

 

Ella purchased a book 3rd Edition Becoming a U.S. Citizen A Guide to the Law, Exam & Interview By Attorney IIona Bray author of Fiance & Marriage Visa 342.083 BEC 2006 you can also find this at library.

 

Tine

Until she has her green card she is not a permanent resident.

Lee is correct, the rule is 3 years after becoming a Lawful Permanent Resident can you file for Naturalization. That is 3 years after the issue date of the green card.

 

Spouses of U.S. Citizens

 

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

• the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
  • the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
    
  • the applicant meets all other naturalization requirements.
    

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

I have been reading where the FBI takes so long to do their job that some immigrants have to sue the government by a filing a Writ of Mandamus. Such lawsuits seek what is called a "writ of mandamus¡± ¡ª a court order requiring a government agency or official to perform a duty, in this case, to process an application. The order does not require a favorable outcome for the immigrant ¡ª only that he gets an answer one way or the other.

 

I posted this one a while back on VJ: http://www.visajourney.com/forums/index.php?showtopic=47094

[dnoblett]

It will be 3 years this June.

 

Now the magic question...... How long does it take to get Citizenship?

Up to 120 days after filing for naturalization, again some have to sue the government to perform their duty. See my previous post.

[tywy_99]

It will be 3 years this June.

 

Now the magic question...... How long does it take to get Citizenship?

Up to 120 days after filing for naturalization, again some have to sue the government to perform their duty. See my previous post.

Hi Patrick,

 

Lee nailed it; your wife needs her LPR status.

 

Looking at your timeline I see you filed the I-485 for your wife on 07-09-04 but you filed before the I-130 was approved, if I remember correctly. I remember that from your posts, plus, you're the only one I've seen to do that. I always thought about how things were going for you two since then. Also, we both were going thru the K3 process at the same time and that's been a long time ago since our days "in the trenches."

CIS works in strange ways. Your wife's son got his 10 year GC and your wife hasn't gotten hers yet and it's been 31 months (07-09-04).

My wife got her 10 year GC but my wife's daughter hasn't gotten hers yet and it's been 30 months (08-09-04).

We're in the same boat except I am on the starboard bow and you are on the port stern!...

Dan might be on to something; sue the CIS and get them to do their job!.......

Edited February 2, 2007 by tywy_99 (see edit history)

[Patrick & Li]

It will be 3 years this June.

 

Now the magic question...... How long does it take to get Citizenship?

Up to 120 days after filing for naturalization, again some have to sue the government to perform their duty. See my previous post.

Hi Patrick,

 

Lee nailed it; your wife needs her LPR status.

 

Looking at your timeline I see you filed the I-485 for your wife on 07-09-04 but you filed before the I-130 was approved, if I remember correctly. I remember that from your posts, plus, you're the only one I've seen to do that. I always thought about how things were going for you two since then. Also, we both were going thru the K3 process at the same time and that's been a long time ago since our days "in the trenches."

CIS works in strange ways. Your wife's son got his 10 year GC and your wife hasn't gotten hers yet and it's been 31 months (07-09-04).

My wife got her 10 year GC but my wife's daughter hasn't gotten hers yet and it's been 30 months (08-09-04).

We're in the same boat except I am on the starboard bow and you are on the port stern!...

Dan might be on to something; sue the CIS and get them to do their job!.......

 

Yes, I looked at that too.

The GC eliminates all of these extra costs, I will soon have to apply for AP because my wife is going back to China this summer.

Anybody know what the average length of time it takes to get AP is?

[LeeFisher3]

AP is usually 90 days, but that is dependent on the local USCIS district office.

 

You may need to make an infopass appointment to have an IO look up the status of her AOS, if you do it over the phone they only log your information and then tell you they will get you a response in 30-90 days. With an infopass appointment you can at the very least try to get some information.

 

Also, if your local congressional representative makes an inquiry it can help at this point because they will need to locate the file, which will probably include knocking an inch of dust off the file.

 

I have a feeling it is sitting on someones desk in the bottom of a pile.

[Patrick & Li]

AP is usually 90 days, but that is dependent on the local USCIS district office.

 

You may need to make an infopass appointment to have an IO look up the status of her AOS, if you do it over the phone they only log your information and then tell you they will get you a response in 30-90 days. With an infopass appointment you can at the very least try to get some information.

 

Also, if your local congressional representative makes an inquiry it can help at this point because they will need to locate the file, which will probably include knocking an inch of dust off the file.

 

I have a feeling it is sitting on someones desk in the bottom of a pile.

 

Hey Lee, Thanks for your reply.

I have done all of that. Infopass appt only tells me that my file is being held up due to Namecheck and that their is nothing that can be done.

I had my Congressman do an inquiry, and I have received 2 letters from them and basically it is what you can imagine. They say that their hands are tied due to it being the FBI. In fact, i received a letter from them today. Blah blah, same old crap!

 

Patrick