N-400 eligibility criteria

[Eric_1]

Hi guys,

Please help me to understand N-400 eligibility criteria. If a person received his marriage-based conditional green card in May 2020 (and his wife is not enlisted in the military), when will he be eligible to apply for N-400? Will he have to wait 4 years and 9 months from the date he received his conditional green card (i.e., May 2020) to apply for N-400? Thank you.

[newacct]

Is his spouse a US citizen? Has he been continuously married to that spouse since getting his green card? Has his spouse been a US citizen for 3 years?

[Eric_1]

Hi, thank you so much for your reply. When he applied and received his green card, his wife was a permanent lawful resident. One year after he received his conditional green card (i.e., in August, 2021), his wife became a US citizen through naturalization. So his wife has been a US citizen for only 1 year. He has been in this marriage consistently since they were married. Under this situation, when will he be eligible to apply for N400? Thank you again.

Is his spouse a US citizen? Has he been continuously married to that spouse since getting his green card? Has his spouse been a US citizen for 3 years?

[newacct]

Hi, thank you so much for your reply. When he applied and received his green card, his wife was a permanent lawful resident. One year after he received his conditional green card (i.e., in August, 2021), his wife became a US citizen through naturalization. So his wife has been a US citizen for only 1 year. He has been in this marriage consistently since they were married. Under this situation, when will he be eligible to apply for N400? Thank you again.

He can apply under the 3-year rule 3 years after his wife became a US citizen, so some time in August 2024.

He can apply under the 5-year rule 90 days before he has been a permanent resident for 5 years, so some time in February 2025.

So he qualifies under the 3-year rule faster.

[flyingron]

To use the three year "spouse of US citizen" residency provision, the spouse needs to have been a citizen the entire time. So if he got a green card in August 2021, and his spouse was naturalized on August 2022, he is eligible in August 2025 based on his wife, or August 2026 under the normal five year plan.

Conditional vs regular green card doesn't matter.