Waiting for ROC approval...can we also submit N400?

[Basbosa 4]

Dear all, 

wanted to get some feedback about possibly applying for citizenship while we wait to get the approval for our 10 yr green card. So, my husband entered the US in May 2014, and we have applied to remove the conditions on his residency in Feb 2016 (in the 90 days window before his 2yr GC expired). As of now, we haven't gotten a decision, and I checked on the USCIS website, and the delay is typical. 

 

We are now considering filing for citizenship based on our marriage. My question is: do we have to wait until May 2017 (when he would have been in the US for three years), or can we submit our application in Feb 2017 (within 90 days window like we did when we filed for ROC)? Also, would the N400 adversely affect our ROC petition, since we haven't officially received a decision about it yet? 

 

Thanks for for all of your help! 

 

[mindthegap 2,521]

You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

[jeffkadrliktorr 99]

14 minutes ago, mindthegap said:

You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

I had no idea that you can file for citizenship within the 90 day window. I always assumed you have to actually surpass the 3 year mark. Good to know!

[PauPau 71]

4 hours ago, jeffkadrliktorr said:

I had no idea that you can file for citizenship within the 90 day window. I always assumed you have to actually surpass the 3 year mark. Good to know!

Me too! I had no idea. We have to research on this more!

[nmic7 3]

I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

[KandE 0]

24 minutes ago, nmic7 said:

I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

Wondering about the same. 

 

 

[Sukie 1,439]

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

[nmic7 3]

10 hours ago, Sukie said:

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

Thank you Sukie!

[RemoteControl 1]

My wife and I are in the exact same situation. We're going to see if we can get an InfoPass appointment regarding the whole thing and get some answers. My wife has the extension while we wait for the removal of conditions, but she wants to head home as we just found out she's pregnant. We filed at the VCS and it seems we still have a few more months to wait. Maybe the N-400 will help expedite things? I can update here after we've had our appointment.

[Basbosa 4]

21 hours ago, mindthegap said:

You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

Thanks!

[Basbosa 4]

16 hours ago, nmic7 said:

I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

Thanks for asking this! Our timeline is so similar (with the minor exception that my husband and I do not know when we will be approved).  

[nmic7 3]

3 hours ago, Basbosa said:

Thanks for asking this! Our timeline is so similar (with the minor exception that my husband and I do not know when we will be approved).  

You're welcome!  Actually I also have no idea when we will be approved, it was just a "best case scenario" hypothetical.  Good luck!

[Basbosa 4]

17 hours ago, Sukie said:

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

Sukie, thanks for the advice... My husband and I are seriously considering this option, since we didn't realize any word (besides our extension letter) from VSC yet... while I hate to "force" any one to look at our application, but given the political climate and the probable increase in applications (I assume), I'd rather get started on the N400 process as soon as we can. 

[Basbosa 4]

6 minutes ago, nmic7 said:

You're welcome!  Actually I also have no idea when we will be approved, it was just a "best case scenario" hypothetical.  Good luck!

Oh totally! Good luck to you too!!

[Basbosa 4]

6 hours ago, RemoteControl said:

My wife and I are in the exact same situation. We're going to see if we can get an InfoPass appointment regarding the whole thing and get some answers. My wife has the extension while we wait for the removal of conditions, but she wants to head home as we just found out she's pregnant. We filed at the VCS and it seems we still have a few more months to wait. Maybe the N-400 will help expedite things? I can update here after we've had our appointment.

Yes! Please keep us posted. I am worried that this is what we will have to do as well, because we would like to visit Egypt this summer.

Congrats on the pregnancy

Edited February 1, 2017 by Basbosa