I-751 and N-400 together?

[Enigma11561 336]

Not sure if this topic goes here or Removing conditions, but...I filed my wife's ROC and got her biometrics appointment. However, during this process we will have reached the 3 year marriage mark and are eligible for filing N-400 for citizenship. Can both be done concurrently? Appreciate your replies.

[Harpa Timsah 13,258]

No, you are misreading the requirements for N400. You need to be 3 years married and ALSO 3 years -90 days of being a LPR. If you are filing ROC now then I know you are not 3 years of being a LPR yet.

[bigdog 376]

Filing Date Calculator USCIS, it is not married but the dates on your green card.

[NickD 202]

Not only have to be married for three years the date you send in your N-400 application, but also have to be a green card holder for two years and 335 days provided a leap year isn't in there, then 336 days.

We applied at the earliest possible date for both, N-400 happen practically one year later than the I-751. She received a one year extension noticed that expired two weeks before her citizenship interview, we had to make a 450 mile trip to get an I-551 stamp in her foreign current passport book, then another 450 mile round trip for her citizen interview. But then her ten year card finally came in with yet another 450 mile round trip for her oath ceremony, only to take away the long awaited ten year card away from her.

If our AOS came in two weeks earlier, my stepdaughter would have automatically became a US citizen, but she barely turned 18 before my wife could apply, that was another two year wait and 1,350 miles of extra driving for us.

[Victor&Cory 1]

Hello. Among the documents required to apply for N-400 is a copy of the GC. How were you able to submit the N-400 without having the actual 10 yr GC in hand in order to submit a copy of it. My wife and I are in the same situation like you. Her GC extension notice expires in May 5 and early next month she would be able to apply. So that means that we would be able to apply for it without having not even a final decision on it?

[milimelo 4,196]

Hello. Among the documents required to apply for N-400 is a copy of the GC. How were you able to submit the N-400 without having the actual 10 yr GC in hand in order to submit a copy of it. My wife and I are in the same situation like you. Her GC extension notice expires in May 5 and early next month she would be able to apply. So that means that we would be able to apply for it without having not even a final decision on it?

You send a copy (both sides) of her 2-yr green card and a copy of the I-797 notice (NOA1) from I-751. That tells them you still don't have a decision otherwise you'd be sending a copy of her 10-yr green card.

[NickD 202]

Rather awkward carrying bot your expired green card and that one year extension notice with you, we had to send copies of those in as well with her application. Then she had to carry her foreign passport with that I-551 stamp in it when that one year extension notice expired.

If our marriage did end up in a divorce, wife could have claimed a hardship to return to her home country, and that would be the case, cost a small fortune for her to come here, quit her job and would cost her far more to go back, no job, no place to live. If not that, could have claimed abuse against me by asking me a question and not getting an instant reply, ignoring a person is also a form of abuse.

Or could have said, I wasn't the same guy after marriage, also could have died. Or heaven forbid, abusing my stepdaughter, she already had enough of that with her biological father.

What a bad joke this I-751 is, wouldn't be bad if they sent those cards within that 90 day time. Was an afterthought with the USCIS, with that lottery in 1986, marriage was the only way to bring a person here. I wouldn't do that for less than a million bucks with fear of a five year prison term. AOS being lax was the problem, we were grilled for 13 months to make sure our marriage was as intended. Then only to get that conditional card that actually started in 1988 with all kinds of getting out of it for the immigrant. Then only 140,000 applicants per year with major delays. Our application was shifted around between various service centers and was misplaced several times. We had to send in another complete application, but at least I kept the canceled check for proof it was paid.

Then my wife was grilled again for citizenship with all the evidence sent in again we already sent in for the AOS and ROC stages.

[bobbybrown 0]

I file my n400 while i751 pending on 01/25/13.

[Gary and Alla 3,694]

Not sure if this topic goes here or Removing conditions, but...I filed my wife's ROC and got her biometrics appointment. However, during this process we will have reached the 3 year marriage mark and are eligible for filing N-400 for citizenship. Can both be done concurrently? Appreciate your replies.

YES

But not because of your MARRIAGE date. She must be a 3 year permanent resident also.

However, currently, ROCs are taking so long that some people are becoming eligible to file the N-400 before they receive the new green card...and you CAN. simply provide a copy of your expired green card and the extension letter in lieu of a copy of a 10 year green card

However

You must have been married for 3 years AND been a permanent resident for 3 years AND have actually resided in the United States for 3 years.

IF you meet those requirements then you CAN file the N-400 even though your ROC is not yet approved. You can file the N-400 3 months (90 days actually) before her third anniversary as an LPR

ask your RUB wife about all the references to "3" in this process.

Hello. Among the documents required to apply for N-400 is a copy of the GC. How were you able to submit the N-400 without having the actual 10 yr GC in hand in order to submit a copy of it. My wife and I are in the same situation like you. Her GC extension notice expires in May 5 and early next month she would be able to apply. So that means that we would be able to apply for it without having not even a final decision on it?

copy of Expired green card and extension letter works. Many people are doing this because I-751s are taking terribly long right now

[Gary and Alla 3,694]

No, you are misreading the requirements for N400. You need to be 3 years married and ALSO 3 years -90 days of being a LPR. If you are filing ROC now then I know you are not 3 years of being a LPR yet.

Sergey's I-751 took 11 months to process. No RFEs, no interview. The green card came in the mail almost exactly 11 months after we filed his I-751. If he had been a spouse, rather than a child of a spouse over 18, he could have filed his N-400 before his new green card came.

Currently this is not unusual given the lead times for approving I-751s.

[I AM NOT THAT GUY 5,715]

have actually resided in the United States for 3 years.

????

Continuous residence, as in maintained a US residence for the last three years, and you only need to be present in the US for at least 18 months out of the last three years, with some exceptions.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Edited March 13, 2013 by The Patriot

[Harpa Timsah 13,258]

Sergey's I-751 took 11 months to process. No RFEs, no interview. The green card came in the mail almost exactly 11 months after we filed his I-751. If he had been a spouse, rather than a child of a spouse over 18, he could have filed his N-400 before his new green card came.

Currently this is not unusual given the lead times for approving I-751s.

The poster is asking about initially filing I-751 and N400 at the same time, not asking about filing N400 while ROC is pending for a long time. If his wife just had biometrics for I-751, then we know that she does not have 3 years - 90 days of LPR yet.

The OP was confused and thought that after 3 years of marriage you can file N400. As I explained, you also must be 3 years - 90 days of LPR too.

I don't need to be reminded about ROC wait times having just gone through it or whoever Sergey is.

Edited March 13, 2013 by Harpa Timsah