Window of filling N-400

[POA 178]

Good afternoon guys,

I am not yet in the process of naturalization but came across with the question, what is the window for filling N-400 in the 3 year rule?

I know the part where it can be filed within 90 days from the GC's 3rd anniversary (by marriage), however, if the ROC process was delayed and unconditional GC was not received until after the supposedly 3rd anniversary, do we need to wait for the 5 year rule if we missed the 90 day window for the 3rd year rule? Or can the N-400 be filed the moment the 10 year GC arrives even if it is later than the supposed to be 3rd year as a permanent resident?

If so, how many months delay can we file for the N-400 for the 3 year rule?

Thanks!

[spring333 44]

You can send N400 as soon as you meet requirement - 3 years anniversary minus 90 days.

[POA 178]

You can send N400 as soon as you meet requirement - 3 years anniversary minus 90 days.

Thanks! So even if the 10 year GC hasn't arrived yet and all you have the extension from the ROC and ROC hasn't been completely approved, you can file the N-400? I just really thought that they need the GC for the n-400.

[spring333 44]

Thanks! So even if the 10 year GC hasn't arrived yet and all you have the extension from the ROC and ROC hasn't been completely approved, you can file the N-400? I just really thought that they need the GC for the n-400.

Oh i understood your ROC has been approved.

well if ROC isnt approved yet you basically can send N400 but according to my friend who works for immigration better dont send. you can make info pass appt and follow up

[Ms Hogan 296]

Keep in mind you are filing based on the 3 year anniversary of becoming LPR, not just your marriage anniversary.

[POA 178]

Hi Ms Hogan,

Thanks for the reminder. I know that. I was just wondering if the Roc approval was delayed but I'm passed my supposedly 3Rd year as an LPR due to my extension, if I am able to file n-400.

[POA 178]

This is what I am worried about.. http://www.visajourney.com/forums/topic/578081-i751-delays-because-of-security-checks/

If the ROC was delayed but have a stamp/extension as an LPR totaled to 3 years of being LPR, can I file N-400 based on the 3 year rule or really need to wait for the ROC to be approved?

Edited December 9, 2015 by POA

[POA 178]

I think I found the answer. Lol. Since one of the requirements is the copy of the GC so they might not honor it.

[POA 178]

wow! Really? They won't deny the petition if the copy of the green card is not available?

[POA 178]

Correct! As long as the other conditions for filing N-400 are met, such as being married to the same USC spouse, you can still file for N-400 without having your 10-year GC in hand when the delay is on USCIS' end.

That is very good to know! I wonder if anyone here in VJ has tried that. I just hope mine don't get delayed though.

[POA 178]

It sounds like you just filed for ROC. You're welcome to add your information HERE if you wish! Good luck! If you see the other I-751 monthly updates, ROC process seems to take about of six months.

Thanks! Good luck to us!