N-400 filling time?

[Robert & Olya 0]

My wife (K1) and her/our son (K2) have been "Permanent Residents" since 3/26/12. It is my understanding that since she married me (born and bred US Citizen) that she can file for Citizenship (N-400) after 3 years of being a PR, as well as up to 90 days prior to here 3 year anniversary, which would mean if I am correct we could file on or after 12/26/14. am I correct?

also there is one hang-up right now.when USCIS issued my son's new PR card they listed him as "F" (female) and not "M" (male). Have done everything that USCIS has asked (returned PR card) with proof that it was USCIS's fault so that I did not have to pay again. I have received their notification (I-797?) informing us it has been received and they are working on this case. that was 3 months ago and still no corrected PR card, and never any answers when I call them.

so my second question is do I/we need wait to file the N-400 (assuming we don't receive the new PR card prior to our early filing date (12/26/14)? (if I am correct above)

or

when the time comes can we file the N-400 even if my son has not received the correct PR card?

[JimmyHou 610]

My wife (K1) and her/our son (K2) have been "Permanent Residents" since 3/26/12. It is my understanding that since she married me (born and bred US Citizen) that she can file for Citizenship (N-400) after 3 years of being a PR, as well as up to 90 days prior to here 3 year anniversary, which would mean if I am correct we could file on or after 12/26/14. am I correct?

also there is one hang-up right now.when USCIS issued my son's new PR card they listed him as "F" (female) and not "M" (male). Have done everything that USCIS has asked (returned PR card) with proof that it was USCIS's fault so that I did not have to pay again. I have received their notification (I-797?) informing us it has been received and they are working on this case. that was 3 months ago and still no corrected PR card, and never any answers when I call them.

so my second question is do I/we need wait to file the N-400 (assuming we don't receive the new PR card prior to our early filing date (12/26/14)? (if I am correct above)

or

when the time comes can we file the N-400 even if my son has not received the correct PR card?

1- Your wife can apply 3 years minus 90 days from the date on here green card provided that at the time of filing, she will have been married to you for at least three years. So she can apply on 12/26/2014 provided that you were married on or before 12/26/2012.

2- Your son is not part of your wife's naturalization application. He will not be applying for naturalization with her. If your son is under 18, then he will automatically become a citizen when his mother naturalizes. He will be able to apply for a passport or, if you want, a certificate of citizenship (not naturalization) through the N600 process. If he is over 18, he will have to file his own N400. So your wife can apply whether or not your son has a green card or not.

3- Since he isn't part of your wife's application, his green card is irrelevant as far as the N400 is concerned, but a copy of the greencard with the mistake on it along with a copy of the replacement receipt will be enough in case your wife is asked any questions.

[Robert & Olya 0]

Thanks. in answer to your questions/statements

1) we were married on December 10, 2010

2) her/our son is under 18 years of age, so he would then be included due to being a minor

3) in order to get a "corrected" PR card for him we needed to mail to the USCIS the PR card that listed him as a female. but of course made photo copies of this card as well as I copied it to my computer

again thank you for your response and information

[JimmyHou 610]

Thanks. in answer to your questions/statements

1) we were married on December 10, 2010

2) her/our son is under 18 years of age, so he would then be included due to being a minor

3) in order to get a "corrected" PR card for him we needed to mail to the USCIS the PR card that listed him as a female. but of course made photo copies of this card as well as I copied it to my computer

again thank you for your response and information

The copies should be good enough. But I want to clarify that your son will NOT be applying for naturalization. The N400 does allow for dependents to be part of the naturalization process. Instead, when your wife is naturalized, your son will be allows to apply for a passport using his birth certificate and his mothers naturalization certificate. But he will not get his own naturalization certificate. So if you want added proof of citizenship, he will have to apply for a certificate of citizenship using an N600 application.

[Robert & Olya 0]

The copies should be good enough. But I want to clarify that your son will NOT be applying for naturalization. The N400 does allow for dependents to be part of the naturalization process. Instead, when your wife is naturalized, your son will be allows to apply for a passport using his birth certificate and his mothers naturalization certificate. But he will not get his own naturalization certificate. So if you want added proof of citizenship, he will have to apply for a certificate of citizenship using an N600 application.

so if I understand you correctly,

we would need file a "N-400" for my wife and at the same time file a "N-600" for our minor son?

[JimmyHou 610]

so if I understand you correctly,

we would need file a "N-400" for my wife and at the same time file a "N-600" for our minor son?

Not exactly. You need to file an N400 for your wife at this time. Your son is not eligible for naturalization, because he's under 18, so you won't file anything for him. Note, however, that your son will be listed on your wife's N400 as her child, but he won't be "applying with her".

At the end of your wife's process, once she's been fingerprinted, interviewed, approved, and she's taken the oath of citizenship, then (and only then) your son will automatically become a citizen.

At that time, you can simply apply for a US passport for him, because he will have become a citizen the moment his mother became a citizen (without filing anything for him). If you choose to (this is optional, but is a good idea), you can file an N-600 for him so that he can have a certificate of citizenship (he doesn't need one to become a citizen or to get a passport, but it's extra proof of citizenship in case he needs it some day).

So just to summarize:

1-Your wife will send in her N400 (make sure she doesn't apply even 1 day early)

2-Your wife will go through the whole naturalization process and will take her oath of citizenship and become a US citizen

3-Once your wife becomes a citizen, your son will also automatically become a citizen as long as he is under 18 the day that your wife takes her oath.

4-Your son can apply for a US passport directly or he can choose to file an N600 to get a certificate of citizenship.

[Robert & Olya 0]

JimmyHou

Thanks for clarifying this for me, I appreciate the step by step answer as it removed any confusions I had.

Our son will be 15 maximum (unless there is an extremely long delay in the Gov't process)

Thanks again, I appreciate it

[Robert & Olya 0]

For those who have spouse from FSU (USSR) countries and have already filed a N-400

in Part 11 Additional information (all "Yes or No" answers, if answering "Yes" please provide any evidence to support your answer)

question 10 asks :

"Have you ever been a member of, or in any way associated (either directly or indirectly) with:

Yes No
A. The Communist Party? ___ ___
B. Any other totalitarian party? ___ ___
C. A terrorist organization? ___ ___

I am assuming that Olya "needs" to answer "Yes" to "A" ?

as she was 18 years of age when Communism ended in Russia. so in essence for the first 18 years of her life she was "indirectly" a member of Communist party, just by her being a citizen of the USSR during that period of time.

is this what all of you answered as well, when filling out this document for your spouse?
and if so what "evidence" did you provide?
as evidence was requested, if answering "yes" to any of the questions

[unpradeep 3]

Living in the Soviet Union doesn't make one immediately a part of the Communist party. Sure the country was (and still is Socialist) had communist ideals, but its different from everyone there being in the communist party.

When I filed for my wife (who also spent her life till early 20s in USSR), I didn't even think twice about saying NO to this.

Her (late) dad was part of the communist party and was active. Her mom helped him, but wasn't part of the party (as in she didn't go to the meetings or was invited to decisions - or even had the membership card). My wife knew what it means to be in the party, and what it doesn't - and was clear she wasn't In. Okay so maybe I did think twice ..

I am sure lots of ppl would debate this and say that she was indirectly involved etc. But I felt like it was pretty clear in my head that she wasn't in, and stating that she wasn't was the complete truth the way we felt. And that is all we could do.

She is an American now for over a yr. The whole naturalization process from application to passport took 75 days.

[Robert & Olya 0]

Living in the Soviet Union doesn't make one immediately a part of the Communist party. Sure the country was (and still is Socialist) had communist ideals, but its different from everyone there being in the communist party.

When I filed for my wife (who also spent her life till early 20s in USSR), I didn't even think twice about saying NO to this.

Her (late) dad was part of the communist party and was active. Her mom helped him, but wasn't part of the party (as in she didn't go to the meetings or was invited to decisions - or even had the membership card). My wife knew what it means to be in the party, and what it doesn't - and was clear she wasn't In. Okay so maybe I did think twice ..

I am sure lots of ppl would debate this and say that she was indirectly involved etc. But I felt like it was pretty clear in my head that she wasn't in, and stating that she wasn't was the complete truth the way we felt. And that is all we could do.

She is an American now for over a yr. The whole naturalization process from application to passport took 75 days.

Thanks, we/she will answer "no" as you guys did.

[Robert & Olya 0]

I just received this email and I am perplexed as to why I received it.

*** DO NOT RESPOND TO THIS E-MAIL ***

There has been a recent processing action taken on your case.

Receipt Number: WACxxxxxxxxxx

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Post Decision Activity

On April 13, 2010, we approved your Form I129F, PETITION FOR FIANCE(E), Receipt Number WACxxxxxxxxxx. We will mail your approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by May 13, 2010, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

• Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
• Current processing times can be found on the USCIS website at under Check Processing Times.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

the only thing I can think of as to why I received this email is that my wife is a few short weeks away from being eligible to apply fo her "Citizenship"

has anyone getting ready to apply for Citizenship received a similar email?

if not any suggestions as to what if anything I/we should do?

on went on the USCIS website and entered our case number and the response was a duplicate of the above email, so this was of no help.

[Umka36 781]

You can always use the USCIS early filing calculator.

http://www.uscis.gov/early-filing-calculator

[Robert & Olya 0]

You can always use the USCIS early filing calculator.

http://www.uscis.gov/early-filing-calculator

not trying to be rude, but what does that do with my question about getting an email in 2014 with the USCIS referring to things that took place in 2010?

as to the early filing I did already check this out and my wife will be eligible to file for Citizenship Dec 26, 2014. so were going to do that when I get back state side (currently in Afghanistan-civilian) in the middle of January

[JimmyHou 610]

not trying to be rude, but what does that do with my question about getting an email in 2014 with the USCIS referring to things that took place in 2010?

as to the early filing I did already check this out and my wife will be eligible to file for Citizenship Dec 26, 2014. so were going to do that when I get back state side (currently in Afghanistan-civilian) in the middle of January [/quote

I'm not sure what the previous poster meant... maybe just getting you to double check?

Anyway, I assume your wife has been living in the US while you wre abroad... I just want to make sure that she meets the 3 month in-jurisdiction requirement before applying (unless exempt because of your work in Afghanistan).

Sorry, no clue why they sent you that note.

[NancyNguyen 1,657]

not trying to be rude, but what does that do with my question about getting an email in 2014 with the USCIS referring to things that took place in 2010?

as to the early filing I did already check this out and my wife will be eligible to file for Citizenship Dec 26, 2014. so were going to do that when I get back state side (currently in Afghanistan-civilian) in the middle of January

The email was a glitch, my sister just received one 2 days ago too for her I129F approval (same as yours.) She was approved last year FYI.