busupshot83

Here is my situation:

June 2005 - Marriage to a U.S. citizen.
August 2006 - Obtained conditional 2-year green card.
August 2008 - Conditional 2-year green card expired... I-751 filed to remove conditional residence.
September 2008 - Obtained letter extending conditional residence for 1 year to August 2009.

My question:

As I understand, you must be a permanent resident (conditonal or non-conditional) for 3 years before you may apply for citizenship. I read that if my I-751 is approved, the 2 years that I have already served with my conditional 2-year green card counts towards the 3 year requirement for citizenship (N-400 application). However, does the my 1-year conditional residence extension also count towards this requirement? I am assuming it would, since my permanent residence would be from August 2006 to August 2009 (3 years). Can someone please clarify this for me? Thank you for your time.

ian-mstm

Correct.


Yes, of course! All that's important is the "resident from" date on your GC. Your status didn't expire when the GC expired.

Ian

neil

Did these two things happened the other way around? I may easily be wrong but I thought you could run into problems if there wasn't a valid reason for filing the I-751 within the 90 days before expiry of the card. (This is only based on a very poor memory of a thread a long while ago where I think I remember someone saying something along those lines - they may well also have been wrong)

ian-mstm

I think this was simply the way the info was written in the message... not necessarily the chronological order in which things happened.


Your memory serves you well. The I-751 must be filed within the 90 days prior to the expiry date on the card... but can be delayed *if* you can demonstrate that the delay was not something within your control.

Ian

busupshot83

Neil:

Sorry for the confusion... I filed the I-751 during the final 90 days of my 2-year green card. Therefore, my previous post (Conditional 2-year green card expired... I-751 filed to remove conditional residence) was NOT meant to be chronological.

busupshot83

Ian:

Thank you so much for your help!

Regards,

Devon

meauxna

It may help to think of it this way.. from the day it was approved/you were admitted to Permanent Resident status, you have been a Permanent Resident.

That status does not end until someone tells you it has.

Happy naturalizing!

busupshot83

Thanks Meauxna! I have a couple of more questions:

1) I read that you may apply for citizenship (N-400 application) even if your I-751 is still pending. Is this true?

2) If the above is true, how does this work? Does U.S. Immigration process both the N-400 and I-751 simutaneously, and then give you a decision?

Thanks again everyone!

Devon

ian-mstm

Yes - your I-751 does *not* need to be adjudicated before you file.


Not exactly simultaneously... but, all else being equal, if your I-751 is not yet approved by the time of the N-400 interview, and you would otherwise pass the interview, your I-751 is approved there and then... and a few moments later, the N-400 is approved.

Now... in the real world (as opposed to all else being equal), it may not happen exactly like that... or as quickly... but that's roughly the gist of things.

Ian

busupshot83

Ian:

I understand... thanks a lot!

Devon

busupshot83

Do I have to wait until August 2009 (my 3-year anniversary as a permanent resident) to file the N-400?

I recently read the following on an immigration website:

"You are eligible to file the N-400 up to 90 days before your 3-year anniversary as a permanent resident."

If this is true, then I will be able to apply for the N-400 in May 2009, about 90 days before my August 2009 expiration date. Do I have this correct?

Noorah101

Yes, you have that correct. You must also meet the other eligibility criteria at that time as well, as outlined in USCIS' Guide to Naturalization. You must have spent the correct amount of time in side the USA, be resident in your (city, county, state...not sure which it is offhand) the correct amount of time, and if this is based on marriage to a USC, you must have been married a FULL 3 years at the time you file the N-400.

So you can be 90 days shy of your 3rd year as a PR, but your marriage must be a FULL 3 years old.

Rene

busupshot83

This forum is amazing... I have never experienced such promptness and professionalism on an online forum! Keep up the great work guys and girls!!

Rete

The above is only true if the officer conducting your naturalization interview is authorized to adjudicate the I-751. If they are not and you pass the naturalization interview, you may still have to wait for the I-751 to be adjudicated. This is rare from what I've seen online but it can happen.

ian-mstm

Thanks, Rete - you always go that extra bit to ensure we're giving accurate information! Quite right!

Ian