Corina

I need your help to apply for US Citizenship because my case is a
little bit different from the ordinary.
I entered USA on January 24, 2001 with fiancée visa K1. My husband is
an American Citizen since 1989. We got married on February 14, 2001
and we applied for CHANGE of STATUS on March 2001.I received my
working permit on August 13, 2001.
I was called for an interview on May 15, 2002 and they told me that
the case was approved and them written on my passport an "A" number.
To my surprise I never received a "Conditional Green Card".
The Green Card I received it on (not the "Conditional Green Card") May
9, 2003 with IF Category.
A base on USA Immigration Law, I am allowed to apply for US
Citizenship after three years of continue living in US and being
married with the same person. My change of status has been done on
March 2001. Because I never received Conditional Green Card with the
date when my status changed and because my actual green card shows the
date May 5, 2003 that make me impossible to apply at this time. Looks
like I was deprived of 2 years of residency.
I am very eager to become an American Citizen but I don't know if I
can qualify with my Green Card showing that I am a resident only since
May 5, 2003.
Could advise me what I should do in this situation.

Thank you very much for your help.

Jnk-Mail

Based on what you wrote here the best you would be able to do anyway is
3 yrs (less 90 days) from May 15, 2002 (date your permanent residence
was approved). So you would still have a year to go.

It is 3 yrs from the date of your approval of residency - not 3 yrs of
continued living in the US (though you do have to have 3 yrs of
continuous living after the approval to qualify).

I am sure someone else will help out in regards to the difference in
dates from interview to what your green card says.

Sorry but you really haven't been deprived of any residency towards your
citizenship (with the possible exception of the difference between when
you say you were approved and the date on the green card).

Alexj

corina wrote:
    > I need your help to apply for US Citizenship because my case is a
    > little bit different from the ordinary.
    > I entered USA on January 24, 2001 with fiancée visa K1. My husband is
    > an American Citizen since 1989. We got married on February 14, 2001
    > and we applied for CHANGE of STATUS on March 2001.I received my
    > working permit on August 13, 2001.
    > I was called for an interview on May 15, 2002 and they told me that
    > the case was approved and them written on my passport an "A" number.
    > To my surprise I never received a "Conditional Green Card".
    > The Green Card I received it on (not the "Conditional Green Card") May
    > 9, 2003 with IF Category.
    > A base on USA Immigration Law, I am allowed to apply for US
    > Citizenship after three years of continue living in US and being
    > married with the same person. My change of status has been done on
    > March 2001. Because I never received Conditional Green Card with the
    > date when my status changed and because my actual green card shows the
    > date May 5, 2003 that make me impossible to apply at this time. Looks
    > like I was deprived of 2 years of residency.
    > I am very eager to become an American Citizen but I don't know if I
    > can qualify with my Green Card showing that I am a resident only since
    > May 5, 2003.
    > Could advise me what I should do in this situation.
    >
    > Thank you very much for your help.

HunterGreen

I think I'm correct in assuming that when you say 'change of status' you mean Adjustment of Status. In your case that wasn't 'done' (as in finished?) in March 2001, but at the time of your approval at the interview (May 2002).

I don't know a lot about AoS but the dates you're looking at are the May 2002 date and the May 2003 date. If you received an I-551 stamp after the interview in 2002, then the date in that is the date your permanent residency started. And that's where the 3 year clock starts ticking - from day 1 of permanent residency. The actual card is NOT needed. Is there a stamp with a date in your passport?

Elaine

Rete

In addition to the examiner writing your "A" number in your passport did they also write the words "Approved AOS [date] to CR-F1 or IR-1"? And then placed an I-551 there as well? If not, then you were not approved at that time and might have had your AOS initially approved but final adjudication delayed until perhaps your security check came through. In that case, on the page where the "A" number is written would be the word "Pending"

Perhaps that is because you were not approved in May 2002 but at some point after your second wedding anniversary. The received date of the card is irrelevant what is relevant are the date(s) written on the card itself. What is the first date written there?

Remember one thing if you were truly approved on May 2002 then you have no right to be classified as an IR-1 but are conditional regardless of what the card says. That would mean you had to apply for removal of conditions. So please look at your card and let us know what the dates are that are on it.



If you are going to quote the USCIS immigration law, then quote it correctly. You are, as others have said, eligible three years (less 90 days) from the date you became a Conditional and/or Unconditional Permanent Resident. Your marriage and living with your spouse prior to your approved residency does not count towards the timeline for eligibility for naturalization.

No, you filed in March, 2001. You did not become a resident on March 2001.

Your card will never reflect the date you filed your petition to become a permanent resident. Your card is correct if that is the date that the USCIS approved the March 2001 filed petition for change of status to permanent resident.

You have not been deprived of anything. The USCIS is correct and you are wrong in your understanding of the immigration laws and procedures.

[quote]I am very eager to become an American Citizen but I don't know if I can qualify with my Green Card showing that I am a resident only since May 5, 2003./quote]

If May 5, 2003 is the date you became a Permanent Resident, your eligibility to apply for naturalization would be approximately February, 2006.

There is nothing for you to do but enjoy your life and if you were planning on petitioning for your relatives in your homeland to migrate to the US, tell them they have a few more years to wait. You can file in 2006 and you might be a US Citizen by 2007.

Rete

Corina

Thank you for your professional and detail replay to my problems. You
finally, explain me the immigration law and for that I am most
grateful.

Regards,
Corina