Inelegible for N400

[Chantel 0]

I got back my application package today, rejected due to being ineligible resident for at least 3 years living with my USC husband, I thought its enough to be married for 3 years with the same USC husband plus I have my 10 yr GC already and I didn't know that the 2 should go together :( MY BAD, I got messed up :crying: I was just focusing on my son's GC will expire on October this year and I thought I would save money, so here's my time line below, help me count the days as to when to file and what not

10/01/2008 - RESIDENT SINCE

11/24/2007 - GOT MARRIED

10/21/2011 - Son's 2 yr GC will expire

* So I can resend my application this coming JULY? I am right?

* If I'm gonna send my N400 application by July, would it be alright not to file my son's 10 yr GC application while my N400 is pending?

Help me figure this out pls....thanks for ideas in advance

[RICARDO4EVA2 194]

if you are married to the SAME US Citizen that you gain the residence through then yes you can apply as of July 1, 2011.. i would wait until about July 10, 2010 to ensure you have met the full requirements .. otherwise they will just hold your applicant in AP after the interview.

You MUST renew the child'd card... you will not get the citizenship before completing the process.

[NickD 203]

I got back my application package today, rejected due to being ineligible resident for at least 3 years living with my USC husband, I thought its enough to be married for 3 years with the same USC husband plus I have my 10 yr GC already and I didn't know that the 2 should go together :( MY BAD, I got messed up :crying: I was just focusing on my son's GC will expire on October this year and I thought I would save money, so here's my time line below, help me count the days as to when to file and what not

10/01/2008 - RESIDENT SINCE

11/24/2007 - GOT MARRIED

10/21/2011 - Son's 2 yr GC will expire

* So I can resend my application this coming JULY? I am right?

* If I'm gonna send my N400 application by July, would it be alright not to file my son's 10 yr GC application while my N400 is pending?

Help me figure this out pls....thanks for ideas in advance

You have to be married for a full three years on the date you can send in your application, but can send in your application 90 days before the 3rd anniversary date of your green card. That calculates out to be Sunday, July 3, 2011 for the earliest date, but that falls on a Sunday, so would not send your application in on the Saturday before that is 91 days. But the following Monday is the 4th of July, a national holiday. So the earliest date would be, Tuesday, July 5, 2011. You may run into a hard butt who looks at your application, rejecting it for just one day too soon. We actually applied 88 days early for the same reason, was accepted.

Your third marriage anniversary is November 11, 2010 so at Tuesday, July 5, 2011 the earliest date you can send in your application, you met the three year marriage requirement.

On this bit on your son, I petitioned for my wife and her daughter on same exact day, and her daughter attended the AOS interview with us. She didn't say a word, her conditional green card was completely dependent on her mom getting her conditional card. I call this tail gating. The fees and forms for my stepdaughter were exactly the same for my wife, but a bit more confusing to fill out the forms for my stepdaughter, I didn't marry her. But if her mom was rejected, she would have been rejected as well, she has no say in this matter. Was shaking my head on this issue, but that is how the USCIS operates. When her mom was approved, she was approved, but her application was misplaced, where her mom's was not.

Checking these dates from my records, stepdaughter received her conditional card dated exactly 41 days after he mom. Now they screwed up, not us, but fortunately with the I-751, as long as her card was dated within 90 days of her mom's, she was okay to tail gate her mom on the I-751, but met some with the same problem that exceeded that 90 day limit, and had to apply separately with the full fees and an additional I-751. We just had to pay the extra 80 bucks for her biometrics. Ironically, their ten years cards came in in separate envelops the same exact day, but the daughters' date was still 41 days after. That and the long delay for our AOS interview, was running about a year back then put her barely over 18, while I questioned this, again not our fault, she had to wait the full five years with a complete separate application and fee. But the way I look at it, would have done an N-600 anyway, that costs about the same. But those two years!

Apparently your sponsoring spouse petitioned later for your son, won't get into that. But I don't know the answer for your son, how old is he? Doubtful if you will have your interview in two months so may be best to file a I-751 for him.

His initial date would be October 21, 2009, so the earliest date would be Sunday, July 5, 2011, ironically the same day you can send in your N-400. The current fee is $590.00, but should be able to tail gate you on the N-400, if he is under 18 would still pay the $600.00 for him for the N-600 so he is free of having to supply a bunch of extra information in the future for whatever he wants to do with his life.

Others may disagree with me on this issue, but dealing with a childs' life, and also with the USCIS that is not exactly merciful, and an extra 1,200 bucks is nothing compared to what it cost to raise a child today. That $3,600 deduction that you don't pay taxes on is a bad joke, in our case, gives about 2.50 bucks extra a day to support that kid.

[milimelo 4,505]

I got back my application package today, rejected due to being ineligible resident for at least 3 years living with my USC husband, I thought its enough to be married for 3 years with the same USC husband plus I have my 10 yr GC already and I didn't know that the 2 should go together :( MY BAD, I got messed up :crying: I was just focusing on my son's GC will expire on October this year and I thought I would save money, so here's my time line below, help me count the days as to when to file and what not

10/01/2008 - RESIDENT SINCE

11/24/2007 - GOT MARRIED

10/21/2011 - Son's 2 yr GC will expire

* So I can resend my application this coming JULY? I am right?

* If I'm gonna send my N400 application by July, would it be alright not to file my son's 10 yr GC application while my N400 is pending?

Help me figure this out pls....thanks for ideas in advance

So when did you lift the conditions? Your GC should have been a 2-yr one from the start. If they sent you the 10-yr one, you will have to submit the I-751 if you haven't done so before you even think about naturalization.

[Chantel 0]

Nick and Ricardo thanks so much for the input, if that's the case then, I would probably focuses on his I-751 then for my son, I am not in a hurry for my N400 yet as I am good with my 10 year GC already, but I thought it would help me shooting 2 birds in one stone

And oh Nick I didn't know you can do that in your taxes but oh well....

ideas are still open pls pls pls

PS. MILIMELO - I am already a 10 yr card holder, I applied for my I-751 lat 2008 PLS check my timeline under my profile

[Chantel 0]

Correction, I applied for my I-751 last year 2010

Edited March 18, 2011 by Chantel

[NickD 203]

Nick and Ricardo thanks so much for the input, if that's the case then, I would probably focuses on his I-751 then for my son, I am not in a hurry for my N400 yet as I am good with my 10 year GC already, but I thought it would help me shooting 2 birds in one stone

And oh Nick I didn't know you can do that in your taxes but oh well....

ideas are still open pls pls pls

PS. MILIMELO - I am already a 10 yr card holder, I applied for my I-751 lat 2008 PLS check my timeline under my profile

Was just commenting on the 1040 deduction you get for a child as opposed to not having that child. With one child can deduct $3,600 off of your gross income, that means you don't have to pay taxes on that $3,600.00. If you are in the 10% tax bracket range, you pay $360.00 less in taxes, that means you have an extra $360.00 in your pocket to support that child for the full year! That works out to $6.92 per week extra in your pocket.

This is a bit off topic, so sue me, LOL. but have taxes on my mind right now.

With the fees, that I-693 not covered by my medical insurance, what we had to go through with her biological father in courts of law to get his permission to bring her here, certified translations of all those documents, cost me around $10,000 to bring her here. And that was not tax deductible.

Think what I am saying is that we have a government that loves to rob us blind.