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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105157
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi! I came to the USA in 2009 with a J1 visa and after two

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Hi! I came to the USA in 2009 with a J1 visa and after two years I changed it to F1 visa. Then in December 2012 I got married to a us citizen and got my temporary green card. My question is when can I apply for a citizenship?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Just please remember that often the law is not good news. IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

When was the exact date that you have been approved for the green card?

When does that green card expire?

Have you filed the I-751 to remove the conditions on the green card?

Are you still in a good marriage planning to continue to live together and build a life together?
Customer: replied 3 years ago.

My I-797 Notice of Action notice date is June 14, 2013.

My green card expires in 06/14/15.

Yes, Our marriage is great, we were just wondering when can we get to the final step, and not worry anymore.

Customer: replied 3 years ago.

I did not filled the I-751

No problem. Well, unfortunately, it is going to be awhile. First, before you can do anything else, when there are less than 90 days left before your green card expires, you would have to file an I-751 to remove the conditions on your green card. It will be extended for 12 months while they process that and it usually takes around 8 months. For you to be able to apply early for U.S. Citizenship, need all THREE of the following:

1) The I-751 has to be approved so that you would have your 10 year green card.

2) You would have to wait until you have at least 3 full years of being married to the U.S. Citizen AND that marriage has to still be good and the intent has to be to continue to live together and build a life together. In other words, you can't just stay together to get the U.S. Citizenship and then shortly after get a divorce. And please don't ask me how long after you can get a divorce. The law doesn't say. It's whatever the officer may think is supicious.

3) You have to have at least 2 years and 9 months of Residency.

So if you are in a good marriage, have been married longer than 3 years and your I-751 is approved when you have 2 years and 9 months of Residency or more, then you can apply.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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