ironporer

We've been waiting since early summer for Cathy's 751 approval from TSC...don't know what is normal. We did get the NOA(?) or whatever it's called. Just wondering if she'll get her 10 yr green card prior to filing for citizenship next summer or not.

What is the process like to file for citizenship? I have not even looked to see what paperwork/fees are needed for that. God will it be a party the day she gets that approved and we can end the Immigration process forever!!!

Rete

Actually I found that form (N-400) to be easiest to complete and the needed documentation is virtually the same as you used for the I-751. So if you were neat and organized you have little work to do other than the most current tax return.

If the I-751 is not adjudicated by the time the naturalization interview rolls around, if at all possible, both will be adjudicated together.

So it looks like early summer of 2006 Cathy will be eligible to apply AS LONG AS YOU HAVE BEEN MARRIED FOR THREE FULL YEARS AT THE TIME OF FILING.

Folinskyinla

Rete:

On the last sentence, I would like to make it clear that the couple has been living in "marital union" for the three years following grant of permanent residence status [which includes Conditional Residence].

Also, on what basis do you say the documentation has to be the same as the I-751? The only attachment required of the form is a copy of the proof of admission to PR status! When an I-751 is pending, I attach a copy of the card and the extensions concomitant with the 751 filing. At the interview is when I bring proof of "living in marital union." Unlike a 751, naturalizatin REQUIRES an interview!

Rete

When we did the N-400 we read the instructions and included material, i.e. tax receipts, etc. that showed we filed all taxes and for us as joint, as well as that we are still living together as you must show this in order to remain eligible for the three year rule.

Rete

Not sure if that is your fancy way of saying that the marriage must have celebrated its third wedding anniversary. Non-married couples can legally be living in a marital union can they not. The USCIS requires that the legal marriage be past the third anniversary at the time of filing or the N-400 will be returned/rejected. And it does not have to be three years following grant of CPR or PR status. It often falls into the the same but there are many who went through Dallas back in the 90's who were adjusted to CPR upon filing. If they filed a month after their wedding, then when the 90 day window of status opens for filing, they would NOT have been married for three full years.

Folinskyinla

Hi:

OK, I was curious. I note the insruction refer to the "Guide" which I don't have and downloading attempts are not happy experiences.

Rete

Well I just did and it is Form M-477 three things are mandatory:

Copy of green card (front and back); 2 color passport photos; a check or money order

If you are applying under the three year rule you MUST send:

birth certificate of USC spouse or naturalization certificate; marriage certificate; proof of termination of all marriages; document referring to you and your spouse, i.e. tax returns, bank accounts, leases, mortgages, bc of children, etc.

lfaridi

hi rete,

ok let me get this straight. my husband and i will be married 3 years jan 14, does this mean he would be able to file for citizenship. i thought the spouse had to be a PR for 3 years and married to the same USC for that time. or am i reading this post all wrong? (blush) if the latter is the case.

linda

Rete

The marriage must be three years old and you must be a residency [conditional or unconditional] for three years less 90 days. We are not saying anything different than that in the exchange above.

Folinskyinla

Hi:

You must have BOTH three years of marriage and alien spouse three years of PR status. So, lets say that alien gets LPR via his parents and six months later marries a US Citizen -- it will be three years after the marriage. If the alien obtains PR via the marriage, it will be three years after admission to PR.

[Note: "Conditional Residence" is "Permanent Residece" albeit subject to a "condition." Since so many things in the Immigration Laws are dependent upon "permanent residence", the 1986 "IMFA" legislation imposed a "condition" about the I-751. When one thinks about it, ALL grants of PR are subject to conditions -- like not robbing banks or selling illegal drugs].