Can I file N400 without the photocopy of my plastic green card?

[AllThingsNice 4]

My husband is a USC and in the military. I have my CR1 visa. I want to file for citizenship (N400) under INA 319 (b) since we are stationed abroad. I know that it says that you can only apply if employment overseas will be at least 1 year after naturalization.

However, I am still waiting for my plastic green card to arrive in the mail (to a California address). But I do have the stamp in my passport the customs people put in at the and airport.

I was told that it could take up to 6 months for my plastic green card to arrive and that the N400 takes 5-8 months. Given that i just got my CR1 this month (November) i am worried that by the time I naturalize, my husband will have less that 1 year on his orders and they wont give me my citizenship. We are due to leave Korea June 2018, which is definitely less than one year from when i would get my naturalization . We dont want to waste money or have it denied.

So, can i file N400 with the stamped green card in my passport? Will this suffice? Or do i have to wait for the plastic green card to come in the mail first?

[aidan80 9]

How long have you been a resident and married to the USC. Are you also in the military. I believe you need to be married at least 3 years and a resident that long before you can file N400 if your non military. From what I've read you can file N400 90 days before your hit that 3 year mark but not before it. Detailed instructions are in the N400s filling instructions on the USCIS website.

Good Luck!

[AllThingsNice 4]

Filing under INA 319 (b) means you dont have to meet those requirements.

How long have you been a resident and married to the USC. Are you also in the military. I believe you need to be married at least 3 years and a resident that long before you can file N400 if your non military. From what I've read you can file N400 90 days before your hit that 3 year mark but not before it. Detailed instructions are in the N400s filling instructions on the USCIS website.

Good Luck!

[aidan80 9]

Filing under INA 319 (b) means you dont have to meet those requirements.

I'd follow the directions on N400 to the letter. I'd wait for the actual resident card in the mail but that's me. You can submit N400 without a copy of your resident card and submit a photocopy of the I-551 stamp in your passport in it's place. I don't know if that'll trigger an RFE which it might well do and you'll end up waiting anyway. It may not, they may accept it. I'd consult USCIS by phone for clarification assuming no one else here has something to throw in. I'm sure someone else in this forum has been through your process before.

[AllThingsNice 4]

Thanks for the info. I think im going to send it and if it triggers a RFE then ill just wait.

I'd follow the directions on N400 to the letter. I'd wait for the actual resident card in the mail but that's me. You can submit N400 without a copy of your resident card and submit a photocopy of the I-551 stamp in your passport in it's place. I don't know if that'll trigger an RFE which it might well do and you'll end up waiting anyway. It may not, they may accept it. I'd consult USCIS by phone for clarification assuming no one else here has something to throw in. I'm sure someone else in this forum has been through your process before.

[lilsweetie 32]

Let us know how it goes! I'm sure it will be helpful for others in your situation to read your updates.

[Soup Dragon 104]

Hi

Why would your naturalization be denied because of your husband's orders? If you move to the US after you leave Korea then you can still apply under the three year marriage rule.

My husband and I are also stationed in Germany (he's an army vet and now a civilian) and I have a two year GC right now but I will be removing conditions next year to get my ten year GC and then apply for citizenship after that. As long as my ten year GC gets approved, citizenship can wait.

Good luck!