Can I file N-400 since I -751 is till pending and my LPR will expire?

[andrada 0]

I married with a US citizen in 2007 and our marriage went to the hell. I filled Vawa and got approved. In addition, I filed I751 in august 2008 and when I check the status, it showed that it is still pending. My 1 year extension will expire in august and I scheduled an appointment with infopass. They advised me to return the next day after expiration. I noticed that my passport expired and I am not able to renew it. My understanding is that I can bring 2 passport photos and they will stamp I -94. Moreover, can I file N-400 since I -751 is till pending? Is it considered 3 years since marriage or since was issued my first green card? Please advise me if you experience the same situation!

Thank you very much!

[Jamericanlove 31]

Once your green card was based on married to a US citizen and that marriage ended you have to wait 5 years to apply for citizenship.

[payxibka 10,044]

I married with a US citizen in 2007 and our marriage went to the hell. I filled Vawa and got approved. In addition, I filed I751 in august 2008 and when I check the status, it showed that it is still pending. My 1 year extension will expire in august and I scheduled an appointment with infopass. They advised me to return the next day after expiration. I noticed that my passport expired and I am not able to renew it. My understanding is that I can bring 2 passport photos and they will stamp I -94. Moreover, can I file N-400 since I -751 is till pending? Is it considered 3 years since marriage or since was issued my first green card? Please advise me if you experience the same situation!

Thank you very much!

For the three year rule to apply based on the the marriage, it needs to be 3 years as a resident AND married for 3 years, with the marriage still intact and ongoing at the time the N-400 is submitted. The fact you were married when the original GC was issued means absolutely nothing.. in your case you will need to wait for 5 years resident since date since the marriage is no longer intact or ongoing.

Edited July 5, 2010 by payxibka

[andrada 0]

My 1 year extension will expire in august and I scheduled an appointment with infopass. They advised me to return the next day after expiration. I noticed that my passport expired and I am not able to renew it. My understanding is that I can bring 2 passport photos and they will stamp I -94. Could you please advise me in regard with this situation?

[bszoom42 0]

Why are you unable to renew your passport? Wouldn't you be able to do that at your local Embassy?

[sasaqlain 24]

My 1 year extension will expire in august and I scheduled an appointment with infopass. They advised me to return the next day after expiration. I noticed that my passport expired and I am not able to renew it. My understanding is that I can bring 2 passport photos and they will stamp I -94. Could you please advise me in regard with this situation?

Your 3 years start from the date mentioned on your Conditional Green Card and not from the date you got married. Also, what makes you think that if they have asked you to come back when your LPR expires they will stamp your I-94. I don't think its a right. They might have asked you to come back so that they can follow up your case. Secondly, you cannot apply for N-400 while your LPR status is a question still. What if they don't approve you. Not that you are eligible to apply for N-400 at this stage anyway. I would suggest, call USCIS and place a service request. If possible schedule another infopass and maybe you might stumble upon a helping soul this time. Good Luck.

[andrada 0]

because it is take time to get a biometric passport@!!!!!!!!!!

[bszoom42 0]

because it is take time to get a biometric passport@!!!!!!!!!!

Regardless of the time it takes, you should apply for a new passport. You might want to check with your embassy to see if there is a way to expedite it. I don't think USCIS will stamp expired passport, and eventually you will need your passport, because as mentioned earlier, you cannot apply for naturalization until 3 months prior to your 5 year anniversary of permanent residence.

Definitely call USCIS and get a service request placed, since you are outside of the 6 month typical processing time.

[andrada 0]

I was reading a memoradum thta state: If the conditional resident is not in possesion of an unexpired foreign passport, a Form I-94 containing a temporary I-551 stamp with a 12- month expiration date and a photograph of the condiitonal resident will be issued. In addition, than you very much for all the replies. I appreciate the time that you guys took to reply to me!

[Kathryn41 3,205]

My 1 year extension will expire in august and I scheduled an appointment with infopass. They advised me to return the next day after expiration. I noticed that my passport expired and I am not able to renew it. My understanding is that I can bring 2 passport photos and they will stamp I -94. Could you please advise me in regard with this situation?

Yes, you can do this. Bring the expired passport, the two passport photographs and they will create an I-94 for you and staple it into the expired passport. The I-94 will be valid and should cover you until the time your 10 year card is approved.

As the others have said, you will need to wait until you have been a permanent resident for 5 years (less 90 days) to file for citizenship now. You need to be still married to qualify under the 3 year option.

Good luck

[engineer21 51]

I'm sorry, but I am pretty sure that I have read in multiple threads here that for VAWA the 3-year rule still applies?

Yes, you can do this. Bring the expired passport, the two passport photographs and they will create an I-94 for you and staple it into the expired passport. The I-94 will be valid and should cover you until the time your 10 year card is approved.

As the others have said, you will need to wait until you have been a permanent resident for 5 years (less 90 days) to file for citizenship now. You need to be still married to qualify under the 3 year option.

Good luck

[bszoom42 0]

I'm sorry, but I am pretty sure that I have read in multiple threads here that for VAWA the 3-year rule still applies?

I did some searching, and here is what I found. According to this press release from USCIS, Section 319(a) of the INA (8 USC 1430(a)) has been redefined to include applicants who obtain lawful permanent residence based on an approved Form I-360 or if the applicant was subjected to extreme cruelty pursuant to INA 240A(b)(2)(A)(i)(I).

http://www.uscis.gov/files/pressrelease/PolMem89.pdf

So it appears that the OP is eligible to file for naturalization 3 months prior to the 3 year anniversary of green card, not 5 year.

And since that is the case, yes, you can file N-400 while I-751 is pending, and it will force USCIS to adjudicate both of them. There is another USCIS memo that deals with adjudication of N-400 while the I-751 is pending.

[Okalian 41]

http://www.uscis.gov...se/PolMem89.pdf

So it appears that the OP is eligible to file for naturalization 3 months prior to the 3 year anniversary of green card, not 5 year.

Ditto. I posted the above link for the memorandum on the "Effects of major changes" forum here on VJ.

It's in the OP's best interest to file for N400 soon which will force the I-751 to adjudicate. But why did he/she receive a conditional green card if his/her case was based on VAWA?

[mr2100 0]

Ditto. I posted the above link for the memorandum on the "Effects of major changes" forum here on VJ.

It's in the OP's best interest to file for N400 soon which will force the I-751 to adjudicate. But why did he/she receive a conditional green card if his/her case was based on VAWA?

My advice is that dont force uscis by filling N400 while your I751 is pending, becuse I did that and they denied both of my appliactions and also termenate my green card. So be careful, and talk to a good Immigaration attorney if you have to.

Good Luck all.

[Okalian 41]

My advice is that dont force uscis by filling N400 while your I751 is pending, becuse I did that and they denied both of my appliactions and also termenate my green card. So be careful, and talk to a good Immigaration attorney if you have to.

Good Luck all.

MR2100,

i think your case is quite an exception, and so were your circumstances.