What is really needed for filing N-400?

[chaoticlogic 27]

My wife is eligible to file for citizenship. She has held her Green Card for more than three years since we've been married. We have already filed for RoC (last year, no RFE's), but it is still processing. They gave her an extension on her green card expiration date for that reason. I have a few questions:

 

1. We want to go ahead and file the N-400. Is this a good / better idea since the I-751 (RoC) is still pending?

2. Is it better to do it online or mail it?

3. What happens if her expiration extension for her Green Card runs out before they approve the RoC? Does filing the N-400 let her stay here even if her green card "expires"?

4. Do we really need to load the N-400 application with lots of evidence, as seen on the checklist here, or is just the required documents listed on the application enough? At this point, with so much evidence font-loaded in the I-751, it just seems redundant.

 

Thanks in advance! 

Edited February 16, 2019 by chaoticlogic

[Lucky2Lucky 2,526]

As long as she meets the 3 yr GC requirement she can file for citizenship with the ROC pending. If her ROC extension letter expires they will send another one to extend it an additional 6 months. (First letter was extending it 12 months now they are sending out one extending it 18 months). 

We haven’t filed for citizenship yet but many people in my ROC group did it online and has positive feedback. Apparently you get notification faster and don’t have to worry about “did it get there yet”. 

I suggest following the guides for N400 and not skimping in this last part of the immigration process 🙂 I agree much of the entire process is redundant but we’ve never gotten an RFE or had an interview for AOS or ROC part of what I feel was because of our strong evidence submitted, legitimacy of relationship and straightforwardness of the relationship.

[dilip 187]

·  chaoticlogic      

Copy of both side Permanent Resident card 

·         Copy of naturalization certificate or passport of US citizen

·         Copy  of Marriage Certificate      

·         Documents for any previous marriage ( if applicable)

·         US Federal Joint Income Tax Returns for tax years 2015, 2016 and 2017 

·         Copy of current driver license of applicant ( not needed, additional documents)

·         Copy of Apartment Lease Documents  ( not needed , additional documents)

·         Copy of house dead ( not needed, additional documents)

·         Copy of Birth Certificate for applicant ( you may take during interview)

 

Apply online, it is easy and will ask necessary documents , so no guess work and then you can add more, but not extensive as ROC.  No bank statement, no photo etc.  Also you can take all submitted ROC documents during interview and will get change to submit , if they ask for.

Edited February 17, 2019 by dilip

[NDB052714 122]

On ‎2‎/‎16‎/‎2019 at 6:33 PM, Luckycuds said:

As long as she meets the 3 yr GC requirement she can file for citizenship

So Luckycuds...3 year GC requirement means one can apply for citizenship 3 years from the issued date on the GC, correct? There's no window that opens prior to that date for filing? Thanks, 

 

--David

[AlluringSoul 185]

On 2/16/2019 at 4:53 PM, chaoticlogic said:

My wife is eligible to file for citizenship. She has held her Green Card for more than three years since we've been married. We have already filed for RoC (last year, no RFE's), but it is still processing. They gave her an extension on her green card expiration date for that reason. I have a few questions:

 

1. We want to go ahead and file the N-400. Is this a good / better idea since the I-751 (RoC) is still pending?

2. Is it better to do it online or mail it?

3. What happens if her expiration extension for her Green Card runs out before they approve the RoC? Does filing the N-400 let her stay here even if her green card "expires"?

4. Do we really need to load the N-400 application with lots of evidence, as seen on the checklist here, or is just the required documents listed on the application enough? At this point, with so much evidence font-loaded in the I-751, it just seems redundant.

 

Thanks in advance! 

1. Honestly, it is up to you guys if you want to file now with ROC pending and most likely have both cases combined (which means both I-751 and N400 interviews will be conducted) or file when ROC is approved. I waited for ROC to be approved so I don't have to worry about getting stamps in the passport. Your cases might and might not be combined. It is a lottery at this point.

2. Both is fine, however, I did it on paper and mailed it. As soon as they get it, they will process it and send you a notice to access your case online. I created an online account as per instructions in the notice and I can now see all the documents I submitted. 

3. N-400 doesn't give a proof of status. Your wife should go to the field office a month before extension letter expires to get a stamp in the passport if she doesn't get her GC before then.

4. No. If you read the instructions carefully, you don't have to submit evidence (optional) but you are required to bring them to the interview like marriage certificate, taxes and joint bank account statements (from the checklist). Copy of wife's GC is what you NEED to submit with application. If you want to put your mind at ease, you can submit extra evidence but N400 is not ROC.

 

I hope this help 🙂

[chaoticlogic 27]

On 2/16/2019 at 6:33 PM, Luckycuds said:

As long as she meets the 3 yr GC requirement she can file for citizenship with the ROC pending. If her ROC extension letter expires they will send another one to extend it an additional 6 months. (First letter was extending it 12 months now they are sending out one extending it 18 months). 

We haven’t filed for citizenship yet but many people in my ROC group did it online and has positive feedback. Apparently you get notification faster and don’t have to worry about “did it get there yet”. 

I suggest following the guides for N400 and not skimping in this last part of the immigration process 🙂 I agree much of the entire process is redundant but we’ve never gotten an RFE or had an interview for AOS or ROC part of what I feel was because of our strong evidence submitted, legitimacy of relationship and straightforwardness of the relationship.

She already got an extension letter for the 18 months, but that will expire in about 4 months. It's not our fault that they are behind, but what do we do if it is about to expire? Will they send us another one extending it even further past the 18 months?

[Lucky2Lucky 2,526]

• You can apply up to 90 days prior pending you meet the criteria:
• Spouses of U.S. Citizens
  
  Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
  
        the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years; 
             the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and 
             the applicant meets all other naturalization requirements. 
  
  
  There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad

you can enter the permanent residency anniversary date here to find the earliest to apply- https://www.uscis.gov/forms/uscis-early-filing-calculator

• 23 hours ago, NDB052714 said:

  So Luckycuds...3 year GC requirement means one can apply for citizenship 3 years from the issued date on the GC, correct? There's no window that opens prior to that date for filing? Thanks, 

   

  --David

   

[Lucky2Lucky 2,526]

1 hour ago, chaoticlogic said:

She already got an extension letter for the 18 months, but that will expire in about 4 months. It's not our fault that they are behind, but what do we do if it is about to expire? Will they send us another one extending it even further past the 18 months?

I’m unsure if they send extension letters past 18 months as I haven’t seen instances where it took that long- I personally would make an infopass appointment though within 2 months of it expiring to see if they will provide her a stamp.

[chaoticlogic 27]

13 minutes ago, Luckycuds said:

I’m unsure if they send extension letters past 18 months as I haven’t seen instances where it took that long- I personally would make an infopass appointment though within 2 months of it expiring to see if they will provide her a stamp.

Okay thanks. Regardless, there is no way she will be forced to leave the country or lose status due to delays, correct? And I honestly wouldn't be surprised if it took them past the 18 mint extension to complete...