I-751; Naturalisation
Apr 17th 2004, 1:14 pm
#1
Maño-Americano
Thread Starter
Joined: Apr 2003
Location: In the heart of the Ozarks
Posts: 10,216
I-751; Naturalisation
I understand that Cathy and I must file an I-751 90 days prior to her 2 year anniversary of arriving here to have the "conditional" removed from her status, and receive a new green card. What is the process for becoming a citizen afterward?
We married in Gibraltar June-2003, filed I-130 DCF and she arrived In August 2003. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
(edited to correct dates- thanks Rete!)
We married in Gibraltar June-2003, filed I-130 DCF and she arrived In August 2003. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
(edited to correct dates- thanks Rete!)
Last edited by ironporer; Apr 17th 2004 at 2:39 pm.
Apr 17th 2004, 1:32 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751; Naturalisation
Since you and Cathy are married, she can apply for citizenship 90 days prior to the 3rd anniversary of the effective date on her green card. File form N-400 with the service center for Alabama - it will be forwarded to your state district office. You'll need supporting documents, and the specific info is on the application. I filed in December, and my interview is in May. Your mileage may vary depending on your state.
Ian (and Sheila)
---------------------------------------------------
Timeline:
Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004
Ian (and Sheila)
---------------------------------------------------
Timeline:
Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004
Originally posted by ironporer
I understand that Cathy and I must file an I-751 90 days prior to her 2 year anniversary of arriving here to have the "conditional" removed from her status, and receive a new green card. What is the process for becoming a citizen afterward?
We married in Gibraltar June-2004, filed I-130 DCF and she arrived In August 2004. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
I understand that Cathy and I must file an I-751 90 days prior to her 2 year anniversary of arriving here to have the "conditional" removed from her status, and receive a new green card. What is the process for becoming a citizen afterward?
We married in Gibraltar June-2004, filed I-130 DCF and she arrived In August 2004. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
Apr 17th 2004, 2:16 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,473
Re: I-751; Naturalisation
Originally posted by ironporer
I understand that Cathy and I must file an I-751 90 days prior to her 2 year anniversary of arriving here to have the "conditional" removed from her status, and receive a new green card. What is the process for becoming a citizen afterward?
We married in Gibraltar June-2004, filed I-130 DCF and she arrived In August 2004. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
I understand that Cathy and I must file an I-751 90 days prior to her 2 year anniversary of arriving here to have the "conditional" removed from her status, and receive a new green card. What is the process for becoming a citizen afterward?
We married in Gibraltar June-2004, filed I-130 DCF and she arrived In August 2004. What kind of a timeframe, paperwork to file, waiting period, etc would there be. We are in Eastern Alabama.
Thanks in advance
The process is very simple in comparison to the rest of the immigration process. One form, N-400, the accompanying required documentation and she sits back and waits. While you can always look at the USCIS published timelines at present for your district office, Cathy still has two more years to go before she is eligible. So timelines given now are meaningless. Hopefully by the time she is ready it will be six months at the outside. You never know.
Too soon for her to contemplate anything more than giving birth to a healthy child in a few weeks and while waiting for that event to get all the sleep she can because she sure isn't going to be getting much after the birth ;-)
Rete
Apr 17th 2004, 2:54 pm
#4
Maño-Americano
Thread Starter
Joined: Apr 2003
Location: In the heart of the Ozarks
Posts: 10,216
Re: I-751; Naturalisation
Originally posted by Rete
From your timeline I'm sure you meant to write 2003. Since Cathy became a CPR upon arrival in August of 2003 she would be eligible to apply for naturalization three years minus ninety days from her date of entry.
The process is very simple in comparison to the rest of the immigration process. One form, N-400, the accompanying required documentation and she sits back and waits. While you can always look at the USCIS published timelines at present for your district office, Cathy still has two more years to go before she is eligible. So timelines given now are meaningless. Hopefully by the time she is ready it will be six months at the outside. You never know.
Too soon for her to contemplate anything more than giving birth to a healthy child in a few weeks and while waiting for that event to get all the sleep she can because she sure isn't going to be getting much after the birth ;-)
Rete
From your timeline I'm sure you meant to write 2003. Since Cathy became a CPR upon arrival in August of 2003 she would be eligible to apply for naturalization three years minus ninety days from her date of entry.
The process is very simple in comparison to the rest of the immigration process. One form, N-400, the accompanying required documentation and she sits back and waits. While you can always look at the USCIS published timelines at present for your district office, Cathy still has two more years to go before she is eligible. So timelines given now are meaningless. Hopefully by the time she is ready it will be six months at the outside. You never know.
Too soon for her to contemplate anything more than giving birth to a healthy child in a few weeks and while waiting for that event to get all the sleep she can because she sure isn't going to be getting much after the birth ;-)
Rete
Poor Cathy is getting little enough sleep now- I think she's up 6 times a night to go to the b-room, and often for an hour or two for just plain discomfort. Must be God's way of getting her/us ready for whats to come! Another two more weeks (or less?) and he'll be here, God willing.
Apr 18th 2004, 6:23 am
#5
Guest
Posts: n/a
Re: I-751; Naturalisation
ian-mstm wrote:
> Since you and Cathy are married, she can apply for citizenship 90 days
> prior to the 3rd anniversary of the effective date on her green card.
> File form N-400 with the service center for Alabama - it will be
In his description, he indicated she arrived on an immigrant visa after
DCF. He doesn't indicate whether they were "married and living together"
for 90 days prior to her arrival and getting PR status. Since they were
married in June and she arrived in August, then they probably were not
together for 90 days before she got PR status. You can deduct 90 days
from the time as a PR, but not the time of being "married to and living
with" the US citizen. So, in their case, without more information, it
would not be possible to say exactly what the earliest date she could
file N-400. Note, this is a bit different in your case, since AOS takes
longer than 90 days, it would easily mean the couple had been living
together for 3 full years even when the time in PR status is 90 days
less than 3 years.
> Since you and Cathy are married, she can apply for citizenship 90 days
> prior to the 3rd anniversary of the effective date on her green card.
> File form N-400 with the service center for Alabama - it will be
In his description, he indicated she arrived on an immigrant visa after
DCF. He doesn't indicate whether they were "married and living together"
for 90 days prior to her arrival and getting PR status. Since they were
married in June and she arrived in August, then they probably were not
together for 90 days before she got PR status. You can deduct 90 days
from the time as a PR, but not the time of being "married to and living
with" the US citizen. So, in their case, without more information, it
would not be possible to say exactly what the earliest date she could
file N-400. Note, this is a bit different in your case, since AOS takes
longer than 90 days, it would easily mean the couple had been living
together for 3 full years even when the time in PR status is 90 days
less than 3 years.
Apr 18th 2004, 12:31 pm
#6
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751; Naturalisation
Yes - quite right. Your analysis of the situation is more correct than my "generally speaking" response.
Ian (and Sheila)
---------------------------------------------------
Timeline:
Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004
Ian (and Sheila)
---------------------------------------------------
Timeline:
Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004
Originally posted by Mtravelkay
In his description, he indicated she arrived on an immigrant visa after
DCF. He doesn't indicate whether they were "married and living together"
for 90 days prior to her arrival and getting PR status. Since they were
married in June and she arrived in August, then they probably were not
together for 90 days before she got PR status. You can deduct 90 days
from the time as a PR, but not the time of being "married to and living
with" the US citizen. So, in their case, without more information, it
would not be possible to say exactly what the earliest date she could
file N-400.
In his description, he indicated she arrived on an immigrant visa after
DCF. He doesn't indicate whether they were "married and living together"
for 90 days prior to her arrival and getting PR status. Since they were
married in June and she arrived in August, then they probably were not
together for 90 days before she got PR status. You can deduct 90 days
from the time as a PR, but not the time of being "married to and living
with" the US citizen. So, in their case, without more information, it
would not be possible to say exactly what the earliest date she could
file N-400.
Apr 18th 2004, 2:06 pm
#7
Guest
Posts: n/a
Re: I-751; Naturalisation
Rete wrote:
> Think your mind is a little muddled tonight Michael.
>
> Her residency
> started the day you entered the US not the day she got her visa at the
> US Consulate. I clearly indicated 90 days from the third anniversary of
> her green card and/or entry at the POE.
>
I am not talking about the 90 days from the third anniverary of getting
PR status. I am talking about the 3 year requirement of "married to and
living with" a US citizen. There is no 90 day deduction for that
requirement. In their case, even if they got married in June and were
living togther at the time of they both came to the US in August, there
is only a small chance that they were together for 90 days prior to
this, unless they got married at the beginning of June and entered at
the end of August. In any case, many people that enter on CR-1 have not
been living with their USC spouse at the time, so it is important to
point out that while the time in PR status can be 90 days less than 3
years, the time being married AND LIVING WITH the US spouse is a FULL 3
years. You must have seen this discussed here before.
> Think your mind is a little muddled tonight Michael.
>
> Her residency
> started the day you entered the US not the day she got her visa at the
> US Consulate. I clearly indicated 90 days from the third anniversary of
> her green card and/or entry at the POE.
>
I am not talking about the 90 days from the third anniverary of getting
PR status. I am talking about the 3 year requirement of "married to and
living with" a US citizen. There is no 90 day deduction for that
requirement. In their case, even if they got married in June and were
living togther at the time of they both came to the US in August, there
is only a small chance that they were together for 90 days prior to
this, unless they got married at the beginning of June and entered at
the end of August. In any case, many people that enter on CR-1 have not
been living with their USC spouse at the time, so it is important to
point out that while the time in PR status can be 90 days less than 3
years, the time being married AND LIVING WITH the US spouse is a FULL 3
years. You must have seen this discussed here before.
Apr 18th 2004, 3:23 pm
#8
Maño-Americano
Thread Starter
Joined: Apr 2003
Location: In the heart of the Ozarks
Posts: 10,216
Re: I-751; Naturalisation
Originally posted by Mtravelkay
I am not talking about the 90 days from the third anniverary of getting
PR status. I am talking about the 3 year requirement of "married to and
living with" a US citizen. There is no 90 day deduction for that
requirement. In their case, even if they got married in June and were
living togther at the time of they both came to the US in August, there
is only a small chance that they were together for 90 days prior to
this, unless they got married at the beginning of June and entered at
the end of August. In any case, many people that enter on CR-1 have not
been living with their USC spouse at the time, so it is important to
point out that while the time in PR status can be 90 days less than 3
years, the time being married AND LIVING WITH the US spouse is a FULL 3
years. You must have seen this discussed here before.
I am not talking about the 90 days from the third anniverary of getting
PR status. I am talking about the 3 year requirement of "married to and
living with" a US citizen. There is no 90 day deduction for that
requirement. In their case, even if they got married in June and were
living togther at the time of they both came to the US in August, there
is only a small chance that they were together for 90 days prior to
this, unless they got married at the beginning of June and entered at
the end of August. In any case, many people that enter on CR-1 have not
been living with their USC spouse at the time, so it is important to
point out that while the time in PR status can be 90 days less than 3
years, the time being married AND LIVING WITH the US spouse is a FULL 3
years. You must have seen this discussed here before.
And thank you all for the assistance with understanding all these inane regulations.
Apr 18th 2004, 3:56 pm
#9
Joined: Mar 2003
Posts: 68,280
Re: I-751; Naturalisation
Have a read of the official instruction so you are in no doubt.
http://uscis.gov/graphics/services/natz/English.pdf
http://uscis.gov/graphics/services/natz/English.pdf
Apr 19th 2004, 4:50 am
#10
Guest
Posts: n/a
Re: I-751; Naturalisation
ironporer wrote:
> Let me see if I understand then: As Cathy and I
> actually started living togather on Aug 13 2003 (having been married a
> few months prior), she would be eligible on Aug 14, 2006?
>
> And thank you
> all for the assistance with understanding all these inane regulations.
>
Actually, I thought she would be eligible on Aug 13, 2006.
In any case, you can deduct 90 days from the PR status requirement, but
not the requirement of being married to and living with a US citizen for
3 years. This is described in the Guide To Naturalization.
> Let me see if I understand then: As Cathy and I
> actually started living togather on Aug 13 2003 (having been married a
> few months prior), she would be eligible on Aug 14, 2006?
>
> And thank you
> all for the assistance with understanding all these inane regulations.
>
Actually, I thought she would be eligible on Aug 13, 2006.
In any case, you can deduct 90 days from the PR status requirement, but
not the requirement of being married to and living with a US citizen for
3 years. This is described in the Guide To Naturalization.
