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3-yr permanent resident - Can he file U.S. citizen paperwork 90 days early?

Long story short. My Colombian husband needs to become a U.S. citizen as fast as possible. The U.S. has continually denied his Colombian mother a tourist visa. Our best bet at this point is to petition to have her brought her on a green card after my husband becomes a citizen.

QUESTION:
Can I file his application for naturalization 90-days prior to the 3 yr anniversary date of his permanent resident card? He meets all the other requirements, age, resides in U.S., married to a U.S. citizen for he whole 3-years.

I tried calling USCIS, but the lady just kept reading the same sentences to me over and over. I think I'm more confused now than before.

Thanks
J

By palcolo on Oct 13, 2009, 07:01 in Visa & paperwork.


davidyamiga says on Oct 13, 2009, 08:32:

If you go to the web page below, it is very clear you have to wait the complete 3 years.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6...

And it will take approx a year to get the green card for his parents.

Otra vez en casa...Cali!

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rmorgan3 says on Oct 13, 2009, 08:35:

6 months befor your 3 year anniversary date you can file your paper work(at least everyone i know did it that way)

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Gator says on Oct 13, 2009, 09:32:

He may apply in the 90 days before he becomes eligible (prior to the three-year requirement), but no action will be taken until the three years is reached
"Can I file his application for naturalization 90-days prior to the 3 yr anniversary date of his permanent resident card?"
NO! You can't file he must make the application.

Don't forget even if everything is approved he does NOT become a citizen until the Oath of Allegiance is administered. There may still be a four to six month wait after his application is approved.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Mononoke28 says on Oct 13, 2009, 12:21:

If he's filing based on his marriage to you, the US citizen, he HAS to file 90 days before his 10 year green card expires. No exceptions.

Once he files, he will have to go through another round of biometrics, an interview and if approved his Oath Ceremony. The whole thing can take anywhere from 6-12 months.

He can file an I-130 for his mother the same day he receives his Naturalization Certificate if he wishes to do so, which will be given to him the day of his ceremony. The process for his mother's I-130 will take anywhere from 9-12 months... more or less.

Diana

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lpdiver says on Oct 13, 2009, 12:35:

Mono...he MAY file ninety days prior to his third anniversary of the issuance it the green card. Seven years and ninety days prior to the green card expiry.

ts

Remember what the monkey says, "Fuck money it's free"

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Mononoke28 says on Oct 13, 2009, 12:39:

Man, I've been writing too much on the Removing Conditions forum of VJ and got it all messed. You're absolutely right, it's 90 days before the third year of his permanent residency.

Diana

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ERIKA7 says on Oct 13, 2009, 15:12:

He has to file,not you.

yes, 90-days prior to the 3 yr anniversary date of his permanent resident card.

"por muy bonita que sea, tambien se caga y se mea"

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guacharaca says on Oct 13, 2009, 21:57:

lpdiver is correct. You also can fill out the application for him, but he signs it. They allow the 90 days because they know it will take them more than 90 days to process the application. Back before they had the 90 day rule, I applied at the end of March and was sworn in on Sept 30th.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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davidyamiga says on Oct 14, 2009, 04:54:

Just do not plan that it will happen quickly. Plan on 2 years to get your mother in law to the US. It may happen sooner, but I doubt it.

Otra vez en casa...Cali!

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