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[floyd]

Someone got married to USC 5 years ago, in the first year got interview, however the process got backed up. got a second interview in december and now the person just got 10 year green card.

The person wants to apply for citizenship, how long must he wait. Oh, still married to same lady from 5 years back.

[floyd]

Someone got married to USC 5 years ago, in the first year got interview, however the process got backed up. got a second interview in december and now the person just got 10 year green card.

The person wants to apply for citizenship, how long must he wait. Oh, still married to same lady from 5 years back.

[Sprint_girl07]

Hi Floyd,

If you are saying that the person got a straight 10yr GC and no conditional before that, than basically he has to wait for 3 yrs (-90days) from the date he received that GC. He has to stay married and living with his wife right up to the Oath Ceremony as it is based on marriage.
Otherwise 5 yrs (-90 days) from GC issue date.

Now if he received a conditional GC prior to the 10 yr GC, than he can apply for Citizenship 3 yrs from the issue date of that GC. Or 5 if they separate before Oath Ceremony.

Citizenship is from date of issuance of GC, whether conditional or 10yr, whichever one gets first. They don't take it from the marriage date unfortunately.

[floyd]

And that is where the confusion is, why would they send him a 10 yr card as opposed to a 2 yr? My argument would be that he has passed the 3 yr requirement since he has been married 5 years anyway.

The argument then would be that now the service is requiring him to be married for 8 years as opposed to 3 yrs. The rule is blurred some what.

Thanks for the response

[Sprint_girl07]

They sent him a 10 yr GC because he was married for over 2 yrs already. There was no need to give him a conditional one as he proved a bona fide marriage and was with wife for long time.

I was in same boat Floyd, due to USCIS mess ups and my ex prolonging paperwork, I got a straight 10 yr GC too, no conditional. I was married for 5 yrs already when I finally got my GC. The stinger in this though..unfortunately he has to wait another 3yrs before he can apply for Citizenship. Now if he got a Conditional card years ago, he could have applied sooner as they take it from the issue date.

Somehow we are penalized for getting that 10yr GC and no conditional. We have to wait even longer before we can get Citizenship. I wish they gave me a conditional or gave me that 10yr straight away which I should have got. They need to sort that one out I think.

It would be 10 yrs since my marriage date until I can apply as I since separated before the 8yr mark

[dev199108]

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