Time frame to Citizenship?

[hardworker]

Hello,
Does anyone know what is the time frame where employment based green card holder can apply for citizenship? I was reading trough the USCIS web site and they stated 5 years where the PR can't be out of the country for 6 months or more per year. But then is stated total residence in the US of 30 months. Does that mean that if I'm here for 30 consecutive months I can apply for citizenship?

Thank you.
Hardworker.

[Marie]

This is a little late replying to this thread but it's both. You have to have your pr card for 5 years AND have been physically in the US for 30 months.

[rsyedna]

so I am confused here.... If I am out of US less than 6 months (like go to Canada for 2 - 3 days) so it means that I can't apply for citizenship? because I break the 30 consecutive months condition?
Please shed light on it.
Thanks a lot.

[JMRJ]

so I am confused here.... If I am out of US less than 6 months (like go to Canada for 2 - 3 days) so it means that I can't apply for citizenship? because I break the 30 consecutive months condition?
Please shed light on it.
Thanks a lot.
Requirement:

Has been physically present in the United States for at least 30 months out of the previous five years

[hardworker]

Thank you for the reply. This helps me plan for my husband's arrival and paperwork. Would you recommend starting his immigration process while I'm a GC holder and then upgrade it when I apply for citizenship? The reason is that he is currently overseas (I wasn't married when I received the GC) and comes to see me as a tourist. But i want him to stay here rather than come and go. If anyone knows it would be helpful.


Thanks again,
Hardworker.

[aprilstorm]

I though we could apply in 3 years. Is that not correct?

[SHELLYFCO]

I though we could apply in 3 years. Is that not correct?

Marriage to a USC allows an application for USC in 3 years versus 5.

[aprilstorm]

Oh good thank you Shelly...anyone know where I can get any books for him to start studying?

[Marie]

Wow I found this. This could be really useful:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bb93667706f7d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=bb93667706f7d010VgnVCM10000048f3d6a1 RCRD

[SHELLYFCO]

Our local Adult School has a video (with the new questions) and book that can be checked out. I would think the library might have the same.

[JMRJ]

Thank you for the reply. This helps me plan for my husband's arrival and paperwork. Would you recommend starting his immigration process while I'm a GC holder and then upgrade it when I apply for citizenship? The reason is that he is currently overseas (I wasn't married when I received the GC) and comes to see me as a tourist. But i want him to stay here rather than come and go. If anyone knows it would be helpful.


Thanks again,
Hardworker.

Are you planning to petition just your husband? You might want to call USCIS Monday morning just to ask how long does it take for them to process the upgrade from the second preference into immediate relative after you become Naturalized.

[branquinha]

Thank you for the reply. This helps me plan for my husband's arrival and paperwork. Would you recommend starting his immigration process while I'm a GC holder and then upgrade it when I apply for citizenship? The reason is that he is currently overseas (I wasn't married when I received the GC) and comes to see me as a tourist. But i want him to stay here rather than come and go. If anyone knows it would be helpful.


Thanks again,
Hardworker.

Hi Hardworker!

I was kind of in the same situation as you... I got my GC through my father in the beginning of 2002, and I just recently became a citizen (July 07). The whole requirement about residence is for those people who stay out of the country for more than 6 months at a time...so technically, if you stay out of the country for 179 days and then the rest in the US and you do this for 5 years consecutively, then you've met the requirements... but if you stay more than 6 months out of the country every year, than all the time you spent out of the country (more than 6 mos) doesn't count toward the 5 years you need...
Anyway, my husband ended up coming here at the end of 2002 and overstayed his tourist visa. However, we decided not to file before I became a citizen. I'm not sure if this is just our experience, but we know several people who had filed while they had their GC and they are still waiting, even though their priority date has arrived already... it seems they have so many problems "upgrading" the petition and merging the two applications (as they like to call it) that it almost makes sense for us to wait...at least that's what we did...
My husband also used to come visit me on a tourist visa before, and it was really hard...so when he came the last time, he decided to stay, even though we knew he wouldn't have his papers for a long time...
Besides, it ends up being almost the same... I'm not sure what the wait times are today for the husband of a GC holder, but the last time I checked it was somewhere between 4-5 years... Anyway, I'm not sure how many years you have left until you become a citizen, but it seems better to wait because even if you filed now, he wouldn't be able to come here legally, as there is no current visa for a spouse of a GC holder. Unless he continued coming here on his tourist visa after you filed... but even that can be tricky... I know this guy whose wife was not allowed to come in with her tourist visa because he had petioned for her, and they assumed that she would stay if they let her in...

Hope this helps!