Naturalization Question

[Alex3009 0]

I am married to a US citizen. In January I completed I-751. I still haven't heard back from USCIS as far as this application goes. In august it will be 3 years since I received my conditional resident card. Can I apply in Aug for my citizenship even though I have not received my permanent resident card yet (751 still pending). Or do I need to get my resident card in order to apply?

Thanks

Alex

[carton025 38]

Alex,

You, your gal, are going to have to wait for the 10-year green card to start the citizenship application and process. Unfortunately, you, your gal, are going to need a minimum of 2 years, 9 months continuous residence in the USA that the USCIS can document or have documentation of to validate your resident status to begin the citizenship process.

For anyone else, I have no desire to beat the dead horse over temporary leaves/visits by the green card holder outside the USA, this issue is examined on a case-by-case basis by the USCIS.

Sid

[Alex3009 0]

In August it will be 2 year and 9 months of contineous stay in the US for me... I did 751 late so thats why Im still waiting but as far as time goes I will fill that requirement by august.

[No-Where-Man 147]

Hello,

As I understand that you filed for I-751 back in Janurary, did not hear back yet, and also I understand you are eligible for citizenship in August.

You are allowed to file for citizenship even if you did not receive your 10 years GC.

Seen many cases here done that and even gone to their citizenship interview while not receiving their card yet.

Fair to mention, that almost all of them, their citizenships was put on hold after the interview till the issuance of the GC because you have to give it up at the oath cermony.

So if you feel you want to apply by August, go a head. you will be fine.

Good luck

In August it will be 2 year and 9 months of contineous stay in the US for me... I did 751 late so thats why Im still waiting but as far as time goes I will fill that requirement by august.

Edited July 20, 2012 by no_where_man

[JohnR! 5,495]

I am married to a US citizen. In January I completed I-751. I still haven't heard back from USCIS as far as this application goes. In august it will be 3 years since I received my conditional resident card. Can I apply in Aug for my citizenship even though I have not received my permanent resident card yet (751 still pending). Or do I need to get my resident card in order to apply?

Thanks

Alex

You don't need the GC in order to apply. You will need it at the swearing ceremony though.

However, you can apply and get your ducks in a row while you wait for the permanent card.

Good luck!

[Alex3009 0]

Thanks everyone!

[rocks 494]

Send a copy of your 2 year GC instead of the 10 year one. Explain that your I-751 still hasn't been adjudicated, you shouldn't have any problems. They will need to adjudicate your I-751 before your citizenship can be granted, this should get them moving on approving it.

You can use this tool to calculate when you can apply. You can apply 90 days before your 3 year anniversary, just add on a year to the expiry date on your 2 year card.

[Steve D. 22]

OP I am in the same situation, where I already have my N-400 interview and issued a recommended for approval.

I applied for my ROC last June, RFE and all the enchilada you can ask for (with sauce AND cheery on top). Till February of this year which I finally have exhausted all my options (SR reply was never kept, etc) I contacted my congressman for assistant. At the same time I applied for N-400 with my expired GC, NOA-1 AND the I551 stamp on my passport.

Less than 2 weeks I got an print out of email from the director of USCIS telling my congressman that since I have N-400 pending, they are just going to go with my N-400 instead of my I751. First time ever huh? I think they lost my I751 application, which was "relocated to LA field office."

Try the calculator mentioned above, remember, it's your GC since date + 3 years - 90 days, that's when you are qualified to file for N-400 even your I751 is still pending.

Keep in mind though, if you tried everything you could to push for the ROC yet still no response, then USCIS has no excuse to tell you "why haven't you tried this?"

[NickD 203]

This is from actual experience, none of you can't do this stuff. With wife's application we sent in both the copy of her expired green card and a current valid copy of her one year extension.

The time was running out for her extension, made a long trip to St. Paul and had to get an I-551 stamp in her passport bringing along all the proof that we applied for the I-751, but then she finally got her ten year card, only to have it taken back about four weeks later at her oath ceremony.

If your green card one year extension is about to expire, you either have to get that stamp in your current foreign passport, or bring in two passport photos and apply for an I-94, you have to keep yourself legal or will run into problems.

USCIS has been dragging their feet for years in processing the I-751, hundreds if not thousands of us are in the same boat.

[Alex3009 0]

I don't know what's taking them so long...it will be 8 months in august since I applied for the 751. It seems that Vermont is taking the longest according to the timelines.

[Steve D. 22]

I don't know what's taking them so long...it will be 8 months in august since I applied for the 751. It seems that Vermont is taking the longest according to the timelines.

Nobody knows why but themselves. Some say it's due to the economy and staffing reduction, some say it's just a crude joke by their end, some even say they are doing this on purpose so we won't take the job, blah blah blah.

Bottom line, if you are lucky, as most of us should, then you should have your ROC done in 9 months or so. Half-year or less are those who are very lucky to get them done in such a timely manner.

However when the doo-doo hits the fan, go get yourself an i-551 stamp on the passport for one-year extension. You might want to get your local congressman involved as well.

Me for example, ROC filed in June last year, RFE, relocation, this, that. I put in a SR this Feb, got a written response saying I'll get a decision within 60 days. 90 days past still nothing so I filed my N-400 and got my congressman involved while have an i-551 stamp on my passport.

Now my N-400 interview is already done and passed, all I got from the USCIS regarding my case (respond to my congressman in the form of an e-mail) wasn't an explanation why my ROC is taking so long after all these attempts to get an answer, but they (USCIS) will "ignore" my ROC and just go with my N-400 application.

Honestly, I think they lost it.

So to OP and everybody who is in the same boat, make sure you put in a SR and ask them to give you everything in writing! Usually they do, especially when you put in an SR. If SR did not resolve anything, then get hold of your congressman 90-60 days before your ROC hits 1-year anniversary date AND make an InfoPass to get an I-551 stamp on your passport. Remember congressman wants to see that you have exhausted all your options before you ask for their help.

ROC is very rough, but good grief N-400 is if not the easiest thing during the WHOLE journey.

Good luck to y'all who are stuck in this unfortunate hole, but remember as long as you try, you will get results. It just takes some time.