Can you skip the 10 years card if you have 5 yrs residency?

[sparkynow]

I am waiting on the 10 yr too. After the initial application they wanted more evidence of a real relationship even though I sent them plenty. I sent more and the last contact was a notice that an interview would be scheduled. That was in March. Her 5 year residency requirement for citizenship will be in December so what I'd like to do is go right to citizenship and ideally apply the 10 years card money to that. Yeah, right.

[Randy W]

I am waiting on the 10 yr too. After the initial application they wanted more evidence of a real relationship even though I sent them plenty. I sent more and the last contact was a notice that an interview would be scheduled. That was in March. Her 5 year residency requirement for citizenship will be in December so what I'd like to do is go right to citizenship and ideally apply the 10 years card money to that. Yeah, right.

 

 

As long as she qualifies for citizenship, she can apply. No need to wait for the 10 year card.

 

If she has been a US resident (green card holder) for THREE years while married to a US citizen, she is eligible to apply based on the marriage.

 

No refunds of previous application fees are allowed, however, nor may they be "applied forward".

Edited August 22, 2020 by Randy W (see edit history)

[newacct]

I am waiting on the 10 yr too. After the initial application they wanted more evidence of a real relationship even though I sent them plenty. I sent more and the last contact was a notice that an interview would be scheduled. That was in March. Her 5 year residency requirement for citizenship will be in December so what I'd like to do is go right to citizenship and ideally apply the 10 years card money to that. Yeah, right.

 

Did you mean 3 years instead of 5 years? By "waiting on the 10 yr" did you mean she is applying for Removal of Conditions? She would normally apply for that less than 2 years after getting her green card, so if she will soon have had her green card for 5 years, are you saying that her Removal of Conditions has been pending for 3 years?

[sparkynow]

 

I am waiting on the 10 yr too. After the initial application they wanted more evidence of a real relationship even though I sent them plenty. I sent more and the last contact was a notice that an interview would be scheduled. That was in March. Her 5 year residency requirement for citizenship will be in December so what I'd like to do is go right to citizenship and ideally apply the 10 years card money to that. Yeah, right.

 

Did you mean 3 years instead of 5 years? By "waiting on the 10 yr" did you mean she is applying for Removal of Conditions? She would normally apply for that less than 2 years after getting her green card, so if she will soon have had her green card for 5 years, are you saying that her Removal of Conditions has been pending for 3 years?

 

Her 2 year card expired in April of 2019 and we've been jumping through hoops and waiting since applying for the ten year card. I'll look into going directly to citizenship. I downloaded the test a couple of months ago. I wasn't sure she wanted this but after being here for five years shes been able to see the real china and ccp and she is stunned. She doesn't want to go back.

[Martin B]

She should be eligible to file an N400 3 years after becoming a permanent resident if she obtained permanent residency through marriage. If she received a 2-year green card, she should file the I-751 for ROC at the two year mark, and the N400 at the three year mark. If the I-751 hasn't been adjudicated when she files the N400, let USCIS know and they'll combine the I-751/N400 interview into one. Two fees BTW, as the ROC needs to be approved in order to be eligible for citizenship.

[Randy W]

She should be eligible to file an N400 3 years after becoming a permanent resident if she obtained permanent residency through marriage. If she received a 2-year green card, she should file the I-751 for ROC at the two year mark, and the N400 at the three year mark. If the I-751 hasn't been adjudicated when she files the N400, let USCIS know and they'll combine the I-751/N400 interview into one. Two fees BTW, as the ROC needs to be approved in order to be eligible for citizenship.

 

 

The only stated requirement is 3 years as an LPR, and APPLIED for Removal of Conditons. No need to wait.

 

 

Chapter 5 - Conditional Permanent Resident Spouses and Naturalization

 

In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. However, certain CPRs may be eligible for naturalization without filing a petition or having the conditions removed if applying for naturalization on the basis of:

• Marriage to a U.S. citizen employed abroad; or​
• Qualifying military service.

[newacct]

So if she had been a permanent resident for 2 years by April 2019, then she had been a permanent resident for 3 years by April 2020 (and she can file 90 days before reaching the 3 year mark, so she could have applied for naturalization as early as January 2020). I am not sure what your comment about 5 years and December was about.

 

Yes, she can and should apply for naturalization (N-400) while her I-751 is pending. Also, if she wants to apply for naturalization, she should hurry and file before October 2, as the filing fee goes up from $725 to $1160 (online)/$1170 (paper) at that time.

Edited August 23, 2020 by newacct (see edit history)

[sparkynow]

So if she had been a permanent resident for 2 years by April 2019, then she had been a permanent resident for 3 years by April 2020 (and she can file 90 days before reaching the 3 year mark, so she could have applied for naturalization as early as January 2020). I am not sure what your comment about 5 years and December was about.

 

Yes, she can and should apply for naturalization (N-400) while her I-751 is pending. Also, if she wants to apply for naturalization, she should hurry and file before October 2, as the filing fee goes up from $725 to $1160 (online)/$1170 (paper) at that time.

I didn't know about the reduced time from 5 years to 3 years in cases of being married to a citizen. I started the N-400 online today.