Quick question about US citizenship

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Latest post 03-14-2010 7:22 PM by simmy209. 3 replies.
  • 03-14-2010 2:27 PM

    Quick question about US citizenship

    I have been married for 3 years now to a US citizen(born and raised here). I received my conditional green card in August 2008. Recently I travelled back to my home country for a funeral and upon entering the US, the immigration officer pointed out to me that my green card expires August 2010. I informed her that yes I aware of that and I will be filing for removal of the condition for a permanent green card. She asked me how long I have been married and I told her 3 years. She said instead of spending the money to do that, just go ahead and apply for your citizenship? Can I do this? I thought you have to have your green card for 3 years before applying? She told me that I just have to be married for 3 years and can prove that our marriage is still legit(which it is).

    Please will someone clear this up for me?

     

    Thanks.

  • 03-14-2010 3:04 PM In reply to

    Re: Quick question about US citizenship

    "Can I do this?"

    The answer is possibly.  It isn't how long you have been married but how long you have been a LEGAL permanent resident of the United States.  In order to take the test and apply for citizenship you must have been a legal permanent resident of the USA for five years.  People who marry a US citizen may not apply for LPR status until they have been married for at least two years.

    Since you state your green card is conditional and it may mean that you must apply for LPR status and THEN start the clock ticking on the five year waiting period to become a citizen.  Conditional status does not count towards the five year requirement.  

    During the five years waiting period as a LPR you may not be outside the USA for one year or more.  If you return to your home country for a year or more then the clock and the process begins again.

    Since you have been married for three years and your green card is only conditional it appears what you need to do is apply for LPR status.  Consult an immigration attorney since your conditional card is expiring this year.  This is not necessarily a DIY project and if you get it wrong the consequences can be deportation.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 03-14-2010 7:00 PM In reply to

    Re: Quick question about US citizenship

    I  was in the same situation,you have to apply within ninety days of the expiration of your conditional green card to have the condition remove, you have to submit all the required documents at the same time.Once your application is approved you will receive your new green card in the mail, upon receiving your new card you can apply for your citizenship. you cannot apply for citizenship with conditional greencard, the condition have to be removed before you can apply for citizenship, and because you are married to a us citizen you are entitle to citizenship after three years of marriage, not five years.

    I hope this info help, and i wish you the best of luck.

  • 03-14-2010 7:22 PM In reply to

    Re: Quick question about US citizenship

    Thanks Angie..........that's what I thought the process was. I wasn't sure. I asked my attorney this but she is not the greatest at responding timely, so just figured I would ask.

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