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Filed: Other Country: Cambodia
Timeline
Posted

Hello,

              I would like to get some advice on applying for citizenship. It will be three years that I became a resident in November. I am already eligible to apply for citizenship. I applied for 10 years green card and my application is still pending. My question is should I wait to apply for citizenship until after my 10 years green card application is approved or should I apply for citizenship now? Do I have to apply for citizenship during these 90 days or can I still apply for citizenship after November ?

Thank you

Posted

You're eligible to file for citizenship +3 years -90 days from the "Resident Since" date listed on your conditional green card.

 

You don't have to wait for your I-751 to be approved first.

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted (edited)

I have been wondering about this too. We won't be at 33 months until July '18, but I-751 processing times are 12+ months, and I doubt current admin will do anything to speed things up, so...

 

In a normal situation, is it better to wait until you have the 10 year GC in hand, before sending out N-400, or to just send the N-400 while I-751 case is still pending?

 

I have read that pending I-751 might slow down the N-400, but I'd also rather not wait an extra 3-6+ months to file our N-400.

Edited by jb914
Posted (edited)
On 8/20/2017 at 2:05 PM, Aung said:

My question is

should I wait to apply for citizenship until after my 10 years green card application is approved or should I apply for citizenship now?

Do I have to apply for citizenship during these 90 days or can I still apply for citizenship after November ?

Thank you

A1: you are eligible for filing N400 as long as your residency meets the 3 years-90days rule (if your green card is based on the marriage to US Citizen ). Renewing or replacing green card doesn't affect your citizenship application, even they are pending or not. 

 

A2: You are allowed to apply for N400 anytime and any year after 3 years-90 days window.

Lots of folks dont want to turn into US citizen immediately until  when their 10-year-old green cards are about to expire. Renewing a green card still cost money and the cost is no big different to the N400 application fee. That's why lots of folks switch to N400 instead of renewing their green cards. Plus, 10 years gives them enough time to decide if they want to become citizens in this country. so, it's a life-change choice.

 

Edited by marcusa

ATTENTION!!!   Minneapolis N400 filers,  please use the link below to review others or update your status .!  Changes will be saved automatically. Best luck to all of us! 

https://docs.google.com/spreadsheets/d/1zAp0TsKmPJf_9JiQxsUnfh2F9kLzbr9cpfyuGv2RjfQ/edit?usp=sharing 

 

My immigration journey:

  • 08/2011,H-1b entry
  • 05/2012, EB-1A 140 approval
  • 02/2013AOS / I-485 approval and received green card
  • 11/2017, N-400 e-filed (5-year term)
  • 09/2018, N-400 approval 
  • 10/2018, oath day
  • 11/26/2018, minor child N-600 mailed out(USPS)
  • 04/12/2019, N-600 approval letter  
Filed: Citizen (apr) Country: Italy
Timeline
Posted
On 8/20/2017 at 10:43 PM, Life is short said:

if you are a spouse of an american citizen then u can apply for citizenship 90 days before the end of the 3rd year upon your arrival to USA

Could you please support your statement with a link to USCIS official policy?

 

As far as I know, Hypnos provided the correct answer: "You're eligible to file for citizenship +3 years -90 days from the "Resident Since" date listed on your conditional green card." (Source: https://www.uscis.gov/forms/uscis-early-filing-calculator)

 

Arrival in the USA and "Resident Since" are two different things, especially for those who have come here on a Fiancée visa and then got married and started the AOS process. Bottom line, one should ALWAYS go with the "Resident Since" date on their green card, as that is what really counts.

 

But hey, happy to be wrong if you can bring forward something official. 

F-1 Visa: Academic years 2007/2010.

K-1 Visa: I-129F sent Aug 2013; Approved Jan 2014.

Green Card: AOS sent Feb 2014; Approved Jan 2015.

Removal of Conditions: I-751 sent Nov 2016; Approved Apr 2018.

US Citizenship: Application sent Nov 2017; Fingerprints Nov 2017; Civics/English exam March 2018; Oath May 2018.

Posted
On 8/20/2017 at 4:43 PM, Life is short said:

if you are a spouse of an american citizen then u can apply for citizenship 90 days before the end of the 3rd year upon your arrival to USA

totally wrong.  NOT upon your arrival to USA. 

the residency calculation for Naturilation purpose is based on the date on your green card. 

ATTENTION!!!   Minneapolis N400 filers,  please use the link below to review others or update your status .!  Changes will be saved automatically. Best luck to all of us! 

https://docs.google.com/spreadsheets/d/1zAp0TsKmPJf_9JiQxsUnfh2F9kLzbr9cpfyuGv2RjfQ/edit?usp=sharing 

 

My immigration journey:

  • 08/2011,H-1b entry
  • 05/2012, EB-1A 140 approval
  • 02/2013AOS / I-485 approval and received green card
  • 11/2017, N-400 e-filed (5-year term)
  • 09/2018, N-400 approval 
  • 10/2018, oath day
  • 11/26/2018, minor child N-600 mailed out(USPS)
  • 04/12/2019, N-600 approval letter  
Filed: Other Country: Cambodia
Timeline
Posted
On 8/20/2017 at 3:27 PM, Hypnos said:

You're eligible to file for citizenship +3 years -90 days from the "Resident Since" date listed on your conditional green card.

 

You don't have to wait for your I-751 to be approved first.

      Thank you Hypnos.

Filed: Other Country: Cambodia
Timeline
Posted
21 hours ago, marcusa said:

A1: you are eligible for filing N400 as long as your residency meets the 3 years-90days rule (if your green card is based on the marriage to US Citizen ). Renewing or replacing green card doesn't affect your citizenship application, even they are pending or not. 

 

A2: You are allowed to apply for N400 anytime and any year after 3 years-90 days window.

Lots of folks dont want to turn into US citizen immediately until  when their 10-year-old green cards are about to expire. Renewing a green card still cost money and the cost is no big different to the N400 application fee. That's why lots of folks switch to N400 instead of renewing their green cards. Plus, 10 years gives them enough time to decide if they want to become citizens in this country. so, it's a life-change choice.

 

               Thank you very much, Marcusa.

Posted

Thank you all, yes you are right , the start point for calculation is "Resident Since" NOT the "arrival date".

Sorry for providing the wrong answer.

20 hours ago, Nikkosan said:

Could you please support your statement with a link to USCIS official policy?

 

As far as I know, Hypnos provided the correct answer: "You're eligible to file for citizenship +3 years -90 days from the "Resident Since" date listed on your conditional green card." (Source: https://www.uscis.gov/forms/uscis-early-filing-calculator)

 

Arrival in the USA and "Resident Since" are two different things, especially for those who have come here on a Fiancée visa and then got married and started the AOS process. Bottom line, one should ALWAYS go with the "Resident Since" date on their green card, as that is what really counts.

 

But hey, happy to be wrong if you can bring forward something official. 

 

19 hours ago, Dee elle said:

Correct... always go fro the date on the GC.

 

Entry into the US for thise who were consular processing  etc willl be the same date,  but those  going through AOS will have a different date. 

 

13 hours ago, marcusa said:

totally wrong.  NOT upon your arrival to USA. 

the residency calculation for Naturilation purpose is based on the date on your green card. 

 

12 hours ago, Aung said:

      Thank you Hypnos.

 

12 hours ago, Aung said:

               Thank you very much, Marcusa.

 

11 hours ago, Haideraaz said:

i applied and they hold my application until i received  my  green card ,, so technically you can ! but most likely they wont process it ! Good luck 

 

Thank you all, yes you are right , the start point for calculation is "Resident Since" NOT the "arrival date".

Sorry for providing the wrong answer.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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