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I am still confused about this:

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  • I am still confused about this:

    How do you count the years to become a usc,
    from the date of the beginning of your temp. gc, or from the date of your real gc.?
    Still confusing, I don't know who to believe anymore.


  • #2
    How do you count the years to become a usc,
    from the date of the beginning of your temp. gc, or from the date of your real gc.?
    Still confusing, I don't know who to believe anymore.



    • #3
      A person becomes Permanent Resident from the date of his AOS. If you will check your 10 GC still you will find same date of AOS on your GC as date since permanent resident. If your conditions are removed and it is 3 years from AOS then you can apply for Naturalization by filing N-400.
      Good luck.


      • #4
        Toni are you married to a USC? If you are it is 3 years as Umesh states but if you are not married to an American citizen it is five years.

        This is per the revised edition, "U.S. Immigration & Citizenship" your complete guide. this book is written by Allan Wernick who is the directory of the Citizen and Naturalization Project of the City University of New York. I bought this book when looking for information it is $24.95 and can be purchased in book stores.

        Here is the list in the book for criteria for citizenship:

        "1. You have resided in the US as a permanent resident continuously for five years. (You can qualify after only three years of permanent residence if you were married to, living with, a US citizen during those three years).

        2. You have been physically present in the United States for half of the five- (or three-) year period.

        3. You are a person of good moral character.

        4. You have a basic knowledge of US government and history (the civic knowledge requirement).

        5. You are able to read, write, and speak simple English (with exceptions for some older longtime permanent residents).

        6. You are at least 18 years of age.

        7. You are legally competent to take an oath of allegiance to the United States.

        8. You express your allegiance to the US government"

        I hope this clarifies the requirements and time frames for you.


        • #5
          Thank You Umesh ,
          for this and for everything.

          What does AOS stand for and I'm not asking any more questins.
          Hope You are well.
          Thank You.


          • #6
            Thank you , Sharon,
            Yes, I am married to usc.
            Got married in may 1999,
            My temporary gc:
            Resident since:02/11/00
            Card expires:02/11/02.
            Now I'm still waiting for my perm. gc.
            Filled the I-751, the receipt date is 01/29/02,
            still waiting(the vermont is slow),
            I went to the ins in person and they told me to come back with a new passport(my passport is expired)--they looked in the computer--, so they said to come back with a new passport and go to whatever floor and they'll put me the 10 years stamp.
            Now, i try to get a new passport at the consulate(embassy), they won't give me one because I don't have the "real"card in my hand. I tell them the i751 is pending, then they tell me that they can give me a passport valid for only 2 weeks, and if the ins is ok to put the stamp on this 2 weeks passport, to come back with pictures and they'll give me that 2 weeks passport(which of course, they'll need about --odd--2 weeks to issue it to me)
            Now I call my lawyer, tell him the story,
            then he tells me that they can put the 10 years stamp on it, so to do it if I want to,
            but I should just wait till my real gc. comes. And of course, I cannot apply for citizenship now9fill out that form), I can only do it 3 years after my permanent gc.
            And of course, he tells me, as usual,
            Don't worry, everything is ok!
            Now, would you be confused if you were me?
            Of course,
            I have been waiting . I didn't continue my plan, I didn't do what the immigration told me--to come back with the passport so they'll put me the 10 years stamp.
            I gave up.
            I have been doing what my f. lawyer told me:
            "Just wait, everything will be ok!"

            So I'm STILL waiting and keep on wondering......
            What the he*l is going on?
            A part of me tells me that I should follow the immigration advice,
            but i end up "waiting, because everything is ok",
            and pis*ed off, of course, knowing that some people in my family Depend on me, on that card-citizenship,
            and so I am waiting..
            and waiting...
            and wondering
            God, this is making me crazy!

            Thank you
            and sorry for bursting like that,
            but i'm telling you,
            it makes you fell know what!

            Thank You.
            Thank you, Sharon, Thank you Umesh, Thank you all.


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                    • #11
                      Andrea, what is it that you have for Umesh anyway? Why would he answer you after what you had done to him on this board? You really are a wicked woman deprived of attention.


                      • #12
                        Date of AOS is date when someone becomes Permanent Resident. Issuing a GC for two years (Conditional GC) is an administrative proceeding to check legitimacy of the Marriage. A person who has married to a USC is eligible to apply for Naturalization 90 days prior to 3rd anniversary of AOS.

                        Here are two sites you should check:



                        Here is one case history posted on this above thread:

                        Adjustment of Status
                        October 03, 1998: Steve (UK citizen visiting on a B1/B2 visa) marries Lisa (US Citizen).

                        October 05, 1998: We visit the Cleveland INS office to pick up forms for Spousal Adjustment of Status. (This can be done with alien spouse in the US if unplanned, or with alien spouse in their own country, sometimes quickly if done directly at the at the consulate, but not all countries have this type of direct filing available.)

                        Cleveland District Office Information

                        AJC Federal Building
                        1240 E. 9th Street
                        Room 1917
                        19th floor
                        Cleveland OH 44199

                        Phone: 216-522-4770

                        You can only leave messages, all communication with the Cleveland INS Office must be done in either in person or via mail.

                        Hours : Monday, Tuesday, Thursday and Friday

                        List of Forms for I-130

                        Forms we are given:

                        G-325(2) Biographic Information

                        I-130 Petition for Alien Relative

                        I-131 Application for Travel Document aka Advanced Parole or A/P

                        I-485 Application to Register Permanent Residence or to Adjust Status

                        I-765 Application for Employment Authorization aka EAD

                        Affidavit of Support

                        Important: Cleveland INS requires you to file by mail, and not in person.

                        October 08, 1998: Overnight mail G-325(2), I-130, I-485, and I-864 (fees increasing October 13, 1998) and we did include the fee to have fingerprints taken.

                        October 09, 1998: Cleveland INS receives forms.

                        November 06 1998: Receive first Notice of Action (NOA) a receipt with Steve's Alien Number along with fingerprint notification. They must be done between November 17,1998 - November 24, 1998.

                        November 10, 1998: Journey to Cleveland and Steve receives EAD. (Employment Authorization Documents) Cleveland at the time did them in person, but they have since changed this, you must mail in your EAD along with your I-130/I-485 paperwork.

                        November 19, 1998: Applies for Social Security Number, using his EAD, passport and UK Licence for Identification. He is told to call 24 hours later, and at that time receives his number. SSN Card comes in the mail less that two weeks later.

                        November 21, 1998: Up to Cleveland again and fingerprints taken.

                        December 00, 1998: Steve tests for Ohio driver's license. This includes a written exam, eye exam, road test and maneuverability test. He passes and does not need to relinquish his UK licence.

                        April 09, 1999: Receive our Adjustment of Status interview date notice. The date is Friday May 7th, 1999 at 11:30 am.

                        April 20, 1999: Visit to Dr Patrick Bray at the Cleveland Clinic for the required INS physical, which can only be done by INS designated doctors. He is also tested for HIV, Syphilis and TB. He has to return in 48 hours for them to check the result of his TB test.

                        April 22, 1999: Another visit to the Cleveland Clinic to check Steve's test results, he passes all three tests.

                        May 7th, 1999: Our AOS interview. (Details below)

                        Days till Approval: 212 days

                        Back to Top

                        Adjustment of Status Interview
                        May 7, 2000
                        Our appointment was for 11:30am, Friday, May 7, 1999. We arrived a bit early, put our letter in the appropriate box, and sat down to wait. We were called in at 11:45am, and directed to an interview room equipped with video camera. She started by swearing us in, then proceeded to ask for our identification. We also gave her our passports, birth certificates, letters of employment from our employers, a letter of health insurance from my employer, lease from our apartment in both our names, bank account statements in both our names, and the physical exam papers in an envelope sealed by Dr. Bray.

                        She proceeded to ask us how we met, we told her online. To which she replied that it was getting more and more common for them to see couples that have met that way. She then asked had my family met Steve yet. To which I responded by pulling out a letter we had received from my sister Deb, in Chicago, that mentioned meeting Steve over Thanksgiving 1998. The INS officer read the entire letter. She then asked if we had photos. We pulled out around 100 photos, and started to show them to her, again she requested to be able to look at them, leafing through all the photos we had.

                        After going through all the papers and photos we came with, she informed us that we were approved, BUT, due to the CIA clearance being months behind, Steve would not get his temporary permanent resident stamp in his passport. That we should get an approval letter by the end of the summer*, at which time we will have to go back up to Cleveland for Steve to get his I-551 stamp (conditional residency).

                        *UPDATE- December 06, 1999: Steve finally received his approval letter.
                        December 14, 1999: Steve is the proud owner of an I-551 stamp in his passport!!!!!
                        January 18, 2000: Green Card with informative letter arrived in the mail, less than seven weeks from receiving approval letter. This is a two year conditional green card, which means we will have to file to have conditions removed.

                        Back to Top

                        Removal of Conditions
                        August 31, 2001: We sent in by certified priority mail our Petition to Remove Conditions to Nebraska Service Center (NSC). (I-751)* (This is to be sure NSC gets it 90 days before Steve reaches his 2nd anniversary of conditional residency.)

                        September 08, 2001: Received the return receipt from NSC INS for certified priority mail signed for and dated September 04, 2001. Now the wait for our I-751 NOA.

                        September 17, 2001: NOA received from NSC dated September 12, 2001.

                        February 08, 2002: Called NSC to find out the status of our case and was informed it was sent for review and that Cleveland will be contacting us for an interview.

                        February 12, 2002: Mailed letter to Cleveland INS Office to find out what their timeframe is for I-751 interviews.

                        March 09, 2002: Received Approval for the removal of conditions dated March 04, 2002. NO interview was needed!!

                        March 12, 2002: Went to Cleveland INS Office with approval letter and three ADIT photos. They took Steve's expired green card, approval letter and two ADIT photos kept them. Stamped his passport with permanent residency stating his 10 year green card should come in the mail within six months.

                        June 04, 2002: Received 10 year Green Card.

                        * Since our AOS interview was done before our second wedding anniversary, Steve's greencard is a two year conditional one. This means that 90 days before it is due to expire, we must file to have the conditions removed. We've included here our cover letter that explains what we've sent along as evidence of a valid relationship. August 31, 2001

                        RE: I-751 Petition to Remove the Conditions on Residence
                        Alien #000-000-000

                        USINS Nebraska Service Center

                        P.O. Box 87751

                        Lincoln NE 68501 -7751

                        Dear USINS Nebraska Service Center:

                        Enclosed is our petition to remove the conditions on Steve's conditional residence (copy of card included) due to expire on December 2001 along with a check for $125.00. Below you'll find the list of evidence we have enclosed to show we have been happily married and living together since October 03, 1998

                        Evidence of Relationship:

                        Y Copy of our lease showing joint residency

                        Y Joint checking account statement

                        Y Electric bill in both names

                        Y Copy of 1999 & 2000 US income tax returns

                        Y Copy of health insurance policy

                        Y Copies of both life insurance policies showing each other as beneficiary

                        Y Photos starting from date of I-551 stamp in passport (December 1999) to May 2001

                        Y Signed Letter of Affidavits from friends and family stating Steve and Lisa are now and have been in a loving and true marriage.

                        Also included is an article about us from the Repository. We hope that the amount of evidence is sufficient in the eyes of the INS to show that we do indeed continue to have a loving and true marriage.




                        Enclosure (16)


                        1234 Our Street

                        Our City OH 12345

                        Back to Top

                        Filing for Naturalization

                        August 30, 2002: Steve sent in by certified priority mail his Application for Naturalization N-400 to Nebraska Service Center (NSC) (This is to be sure NSC gets it 90 days before Steve reaches his 3rd anniversary of permanent residency acquired after marriage to USC.)

                        September 07, 2002: Received the return receipt from NSC INS for certified priority mail signed for and dated on September 03, 2001. Now the wait for his N-400 NOA.

                        September 13, 2002: NOA received from NSC dated September 09, 2002. The next letter to come will be his fingerprint appointment letter. (Received Date of September 03, 2002 and Priority Date of September 03, 2002)

                        November 19, 2002: Aid from Congressman Regula's office said he would be looking into why we had not heard from Cleveland about fingerprinting. Stating that the average wait time is 60 days from when NSC received N-400 application to get your fingerprint notification.

                        December 03, 2002: Spoke with aid from Congressman Regula's office who informed us that Steve is inline for receiving a fingerprint notice. He is working on finding out more on our case.

                        December 14, 2002: Received NOA dated December 10, 2002 for Steve's fingerprint appointment on January 16, 2003 at the Cleveland INS Office.

                        January 16, 2003: Fingerprints taken at the Cleveland INS Office.

                        Steve is studying for the citizenship test. Want to check out the list of 100 questions the INS pulls from when you take your citizenship test, click below:
                        Naturalization Self-Test

                        This is a copy of the cover letter listing information that has accompanied Steve's N-400 application.

                        August 30, 2002

                        Alien #012345678

                        USINS Nebraska Service Center

                        P. O. Box 87400

                        Lincoln Nebraska 68501 -7400

                        Dear USINS Nebraska Service Center,

                        Subject: N-400 Naturalization Application

                        Enclosed is my application for naturalization. I have also included the following:

                        A Check for $310.00 ($260.00 for the application fee and $50.00 fingerprinting fee*)

                        Copy of my permanent resident card (both Front and Back)

                        2 ADIT Photos

                        Our marriage certificate

                        My wife's birth certificate

                        A copy of my wife's divorce decree from previous marriage

                        Copy of my driving record to show one speeding ticket from the Ohio Bureau of Motor Vehicles

                        Copies of our joint checking account statements (for August 1999, 2000, 2001 and 2002)

                        Copy of our joint residence rental lease

                        Copies of 1999, 2000 and 2001 joint tax returns



                        Enclosures (13)


                        cc: Lisa

                        1234 Our Street

                        Our Town OH 12345

                        *Always check current form and fingerprint fees.


                        • #13
                          Then why does my lawyer keep on denying this?
                          why does he keep on telling me that I CANNOT file now?
                          IS HE NUTS?
                          WHAT IS GOING ON??????????????????????????


                          • #14
                            I'm going to see the lawyer on saturday(made an app. already), and bring him some papers showing that I can file now. (!?!)

                            ps.But I was supposed to do this before. So now, when I will fill out the N400, is going to be AFTER my 3 year anniversary. I could have done this in the 90 days before the 3 years anniversary.
                            So what happens if I do the N400 AFTER. What's the 90 days thing?

                            Please Answer. Thank You.


                            • #15
                              That 90 days thing is a grace period. If somebody wants to apply prior to 3rd anniversary of the GC then the person can apply 90 days prior to that. Otherwise after 3 years of GC, a person can apply anytime.


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