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Question 33

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Question: Question relates to citizenship. How does the 3 years count if you are married to a US citizen? A friend told me that it started after you get your permanent green card, 10 year card. I don't think that is right. My spouse said it started on the date of our (US legal) marriage. Our marriage is on Nov-2006. Conditional green card was received on Feb-2007, and expired Feb-2009. Received letter of confirmation that conditional status is removed and new green card to be sent in 60 days. When can my spouse file petition for citizenship? Thank you kindly for your answer.
From: Han, TX 08/19/2009

Response: First a recap of the three year rule:
1. You must be married to a U.S. citizen.
2. You must be a lawful permanent resident – green card holder.
3. You must have resided continuously within the United States for a period of at least three years after having received permanent residence.
4. You must have been "living in marital union" with the citizen spouse for the three years immediately preceding the date of examination on the application, and your spouse has been a United States citizen for the duration of that three year period. Link.
Your question is what counts toward the three years, the date of issue of the conditional 2 year green card or the permanent green card? The "2-year conditional residence period counts towards time as a permanent resident for all purposes including naturalization. However, the application for the removal of conditions must be adjudicated before naturalization can be granted to the applicant." Link. Of additional note, "If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you
may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days." Link.

Assuming you have already adjusted status from conditional to permanent (which the facts given above seem to indicate occurred), then November 2009 appears to be the first day that you file an application for naturalization as a United States citizen (i.e., 3 years minus 90 days) assuming all other requirements have been met. For more information, see USCIS publication M-476.

By: JJR, Date: 08/24/09
Note: Joe Raymond is an attorney but not a specialist in the area of immigration law.


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