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luukee

N400 on CR1 2 years Plus letter?

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Hi All,

 

just wanted to check with you guys, is it possible to apply n400 even though CR1 is about to expired? (letter of extension allowed spouse to stay the 3rd year). - if so, do we apply on the date of her expired greencard?

 

thanks in advance

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27 minutes ago, luukee said:

Hi All,

 

just wanted to check with you guys, is it possible to apply n400 even though CR1 is about to expired? (letter of extension allowed spouse to stay the 3rd year). - if so, do we apply on the date of her expired greencard?

 

thanks in advance

If the immigrant has a conditional card, a ROC is necessary. You have to apply to lift the conditions on the CR1 card. If ROC has filed and the immigrant has lived in the US for 3 years and been married to the same US citizen for 3 years than you can apply for N400. 

If you filed ROC and you still did not get approved, and you have been a permanent resident for 3 years than you can apply for citizenship. 

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thanks so much big daddy 

 

at the rate i keep hearing chances of them getting to our roc file will be later than the 3rd year but who knows right?

 

so would it make sense to start preparingfor n400 if the roc doesn't get completed in time?

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You can apply from 90 days before the one year anniversary of your 2yr card expiry date, as long as you and the USC spouse are still 'living in marital union'.

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

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If ROC is still pending and you apply for N400, they most likely combine the ROC and N400 applications into a single request and reset the clock so your new timeline follows the N400.    For my husband and I, we were so close to the ROC when we hit the 90 days. we decided to wait just a little bit longer to get that approved and then applied for citizenship.

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16 hours ago, luukee said:

thanks so much big daddy 

 

at the rate i keep hearing chances of them getting to our roc file will be later than the 3rd year but who knows right?

 

so would it make sense to start preparingfor n400 if the roc doesn't get completed in time?

you will be able to apply for citizenship after 3 years minus 90 days (not 3 months) since the resident date on your green card. If in case your ROC was not approved before, then USCIS will have to adjudicate your ROC the same time as your N400. 

 

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Thank you mindthegap, mtemelar and Bigdaddy!  -  based on your info, I'm already behind, so we better get to it :)  Really appreciate you taking the time to post.

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hi again guys, i'm trying to fill out the n400 online, but one of the requirements is that you've been a LPR for 3 years.  technically, it won't be for me until July.  Should I still continue? or change my answer?

 

"You have been a lawful permanent resident for more than 3 years and your spouse is a U.S. citizen"

 

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41 minutes ago, luukee said:

hi again guys, i'm trying to fill out the n400 online, but one of the requirements is that you've been a LPR for 3 years.  technically, it won't be for me until July.  Should I still continue? or change my answer?

 

"You have been a lawful permanent resident for more than 3 years and your spouse is a U.S. citizen"

 

yes continue with that answer. the 3 years minus 90 counts as full three years because your interview and oath won't happen until after. if July is your3 year anniversary that means you are within the 90 days which makes you clear to file whenever you want. 

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8 hours ago, BigDaddy28 said:

yes continue with that answer. the 3 years minus 90 counts as full three years because your interview and oath won't happen until after. if July is your3 year anniversary that means you are within the 90 days which makes you clear to file whenever you want. 

Too awesome BigDaddy!

Thank you for clarifying that- yes, July will be the 3rd year anniversary.

Thank you very very very much

 

 

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On 6/18/2018 at 11:47 AM, luukee said:

Too awesome BigDaddy!

Thank you for clarifying that- yes, July will be the 3rd year anniversary.

Thank you very very very much

 

 

No problem Luukee. I hope you have a speedy process. If you have any questions, I will be watching the thread. 

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On ‎6‎/‎19‎/‎2018 at 10:18 AM, BigDaddy28 said:

No problem Luukee. I hope you have a speedy process. If you have any questions, I will be watching the thread. 

 

Thank you very much Bigdaddy!  I'm going to do the application this weekend.

 

already looking at the 100 questions.

https://www.uscis.gov/sites/default/files/USCIS/Office of Citizenship/Citizenship Resource Center Site/Publications/100q.pdf

 

Have an extremely wonderful day - Wishing all great things happen to wonderful people like yourself.

 

 

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On 6/21/2018 at 4:38 PM, luukee said:

 

Thank you very much Bigdaddy!  I'm going to do the application this weekend.

 

already looking at the 100 questions.

https://www.uscis.gov/sites/default/files/USCIS/Office of Citizenship/Citizenship Resource Center Site/Publications/100q.pdf

 

Have an extremely wonderful day - Wishing all great things happen to wonderful people like yourself.

 

 

Thank you Luukee, I hope the same to you. Start on working with 100 questions now don't wait until after biometrics. I promise the citizenship interview is a whole lot easier than the green card interview. You will be nervous don't get me wrong but it's all worth it. I remember mine like it happened last night. Good luck. 

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BigDaddy - looks like the process is going to take around 8 more months, -- ironically our cr1 extension which ended in july, is now extended another 6 months due to processing times.  Thanks again for all the tips with this.

 

 

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