Jump to content

3-yr requirement excludes 2-yrs conditional status?


Recommended Posts

I just read that the 3 year requirement does NOT include the time under conditional status. Is this true? This would be a big blow to my long-term plans...

 

No - you can apply for citizenship 3 years after the "Legal Permanent Resident since" date on the card.

Link to comment

I just read that the 3 year requirement does NOT include the time under conditional status. Is this true? This would be a big blow to my long-term plans...

It's not true. My wife is a US citizen now.

Link to comment
  • 3 months later...

Really?! Let me give our timeline and tell me what you think. He came here in 2004, we filed AOS in August of 2004, we had our AOS interview in August of 2005, we passed but they did another name check and we were stuck in a black hole until December of 2006. We never received the two-year card. We received a two year card in January of 2008, and then we went and complained and got a ten-year card that says, 'legal permanent resident' January 2008. So, can we apply now? Or if we have to wait until 3 years under the 10 year (since we never had a 2-year card), then do we have to wait until June of 2010, or January of 2011 before we file?

Link to comment

Really?! Let me give our timeline and tell me what you think. He came here in 2004, we filed AOS in August of 2004, we had our AOS interview in August of 2005, we passed but they did another name check and we were stuck in a black hole until December of 2006. We never received the two-year card. We received a two year card in January of 2008, and then we went and complained and got a ten-year card that says, 'legal permanent resident' January 2008. So, can we apply now? Or if we have to wait until 3 years under the 10 year (since we never had a 2-year card), then do we have to wait until June of 2010, or January of 2011 before we file?

Your legal residency began January 2008, so the earliest you can apply for citizenship will be 90 days before January 2011.

 

A few requirements for filing at three years.

  • Continuously married to US citizen.
  • Living together the entire 3 years
  • No periods out of the USA for more than 6 months.
  • Residing in the USA more than 18 months during the 3 years.
  • Residing in a USCIS district or state for more than 3 months prior to filing the N-400.

MORE: http://www.uscis.gov/files/article/M-476.pdf

Link to comment

Hmmm this is a poser. To be honest I don't know. General consensus has always been you can file for citizenship 3 years after the issue date of the green card if you are still married to the same US citizen. I'm going to assume that means 3 years from the Legal Permanent Resident since date on the green card.

Link to comment

It figures- there are people who met later than when my husband first came to the states and already have their citizenship. We should have fought over the 'permanent resident since' date because they should have made it 2005- from the date of interview- not from whenever they finally decided, after many months of waiting, phone calls, lawyers, lawsuits, and a few wrinkles, to give us the green card. Oh well...

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...