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Dilemma - Citizenship (Green card will expire) and status

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I am asking this on behalf of a friend!

She wants to apply for citizenship next month - has lived here on green card for 9½ years - came as parent of son became US citizen 20 years ago

However, we were looking at processing times last night on USCIS (which was last updated May 31) and it shows approximately a 12 months timescale for petition to be approved (working on Aug 2014). Then of course you have to await interview and then in Cali, a different date for oath. so at best...maybe 16 months.

So...the problem is, her green card will expire in June of next year, approximately 3 months before the projected processing time from USCIS. I know this seems like a dumb question, but does she need to also apply for a new green card? It almost seems pointless because the processing time for these is also 10 months (Sept 2014) so there would be a time period where she would have no green card while she awaits either citizenship or a new green card. Would she be considered out of status at this time? Is there a stamp she can get in her passport to extend until she received citizenship? Would she have to stop working? I'm sure this has happened to other people but we don't know the answers to those important questions.

Here is her possible timeline:

Apply for N400 August 2014 (currently processing Aug 2014)

Green card expires June 2016 (can't apply until 90 days before this so earliest would be March 2016)

Likely oath for N400 - approx. Dec 2016

Likely new green card would be approved- June 2017

SO many questions - any help would be very much appreciated.


OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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It shouldn't take that long. Look in this progress forum where people post progress by the month they applied. Look at end of threads to get latest. Red means oath done.. already citizens. http://www.visajourney.com/forums/forum/161-us-citizenship-case-filing-and-progress-reports/

Also, some apply 90 days before eligibility so have a built in 3 month delay. Your friend is eligible now, so could go to interview oath faster than many in the timelines.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Her GC expires but her status is still permanent. Many here were successful getting naturalized with expired green card. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Thanks - looking at the charts for the last 6 months the timeline runs between 5-10 months! Yikes

So...if it takes the full ten months and her green card expired just before her interview/oath, does she need to renew her green card? Is she considered out of status? Does she have to stop working?


OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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Even if the processing of N400 takes a long time for unforseen reasons, you don't have to apply for green card renewal. Her permanent residency status will not expire if the green card expires. A valid or current GC is required to travel in and out of US, to work in new company to show that you are authorized to work like that. If you friend is worried about that, she can make an appointment with USCIS and have a temporary stamp of residency status (i beleive i551 stamp) on her passport from local USCIS office which will allow her to travel while N400 is pending.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Thank you so much!! :)

I managed to find the answer direct from USCIS website if anyone else is looking for it! Relief!

24. If my Permanent Resident Card expires while I am applying for

naturalization, do I still need to apply for a new card?

If you apply for naturalization 6 months or more before the expiration date on your

Permanent Resident Card (formerly known as an Alien Registration Card or “Green

Card”), you do not have to apply for a new card. However, you may apply for a renewal

card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-

90) and paying the appropriate fee. Call the USCIS Forms Line or visit www.uscis.gov.

If you apply for naturalization less than 6 months before the expiration date on your

Permanent Resident Card, or do not apply for naturalization until your card has already

expired, you must renew your card.

Edited by perfect

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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