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Davemoody

When can my wife apply for citizenship?

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Posted (edited)
I am a U.S citizen by birth.
 
Uscis sent my wife a letter on July 3, 2019 stating that there was no evidence of good faith marriage. This was due to the fact that we didn’t submit any evidence of a good faith marriage when we submitted the form I-751.
 
In the letter, uscis specified the evidence that we had to submit in order for them to continue the process of removing the conditions on my wife’s permanent resident status.
 
We just submitted all the evidence to uscis on August 2, 2019 and uscis said it could take 60 days (from the day they received the evidence) to process.
 
So now that this is going on, can my wife start applying for citizenship or does she have to wait for uscis to finish processing the removal of the conditions on her permanent resident status first?
Edited by Davemoody

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Posted (edited)

She can file the N-400 even if the I-751is still pending, if she meets all the other requirements. The I-751 must be approved before the N-400 still, but you can at least get in line.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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18 minutes ago, geowrian said:

She can file the N-400 even if the I-751is still pending, if she meets all the other requirements. The I-751 must be approved before the N-400 still, but you can at least get in line.

Oh ok thanks for that.

 
I have another question please. What type of documentation do we need to submit along with the Form N-400?

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Posted (edited)
8 minutes ago, Davemoody said:

Oh ok thanks for that.

 
I have another question please. What type of documentation do we need to submit along with the Form N-400?

To apply under the 3 year rule, you need all the normal documents + additional evidence of a bona fide marriage / marital union. Don't assume anything you presented in the past will be considered automatically.

https://www.visajourney.com/content/naturalization_requirements/

Note the yellow section at the top specifically.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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33 minutes ago, geowrian said:

To apply under the 3 year rule, you need all the normal documents + additional evidence of a bona fide marriage / marital union. Don't assume anything you presented in the past will be considered automatically.

https://www.visajourney.com/content/naturalization_requirements/

Note the yellow section at the top specifically.

Ok what if my wife doesn’t have a green card that is current (which is the reason for the form I-751 in the first place)? Will the application for citizenship be useless? Or can she use something in place of the green card while submitting the form N-400?

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Posted (edited)
4 minutes ago, Davemoody said:

Ok what if my wife doesn’t have a green card that is current (which is the reason for the form I-751 in the first place)? Will the application for citizenship be useless? Or can she use something in place of the green card while submitting the form N-400?

She still has to upload/ send a copy of the expired green card because that's the basis of her being able to apply for citizenship so it can't be substituted. It's a requirement. Doesn't matter if it's expired. 

Edited by Thegirl

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

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9 minutes ago, Davemoody said:

Ok what if my wife doesn’t have a green card that is current (which is the reason for the form I-751 in the first place)? Will the application for citizenship be useless? Or can she use something in place of the green card while submitting the form N-400?

It’s completely fine that the green card is expired.

i would recommend with the n400 you upload updated versions of everything you submitted with the I751: tax return transcripts, joint bank statements, leases etc


ROC Timeline

Service Center: California

90 Day Window Opened.....08/03/17

I-751 Packet Sent................08/04/17

NOA Dated...........................08/07/17

NOA Received......................08/09/17

Check Cashed......................08/09/17

Biometrics Letter Rcvd........08/26/17

Biometrics Appointment......09/07/17

Approval................................08/05/19

 

Naturalization Timeline

Field Office: Santa Ana, CA

90 Day Window Opened.......08/03/18

N-400 Filed (Online)..............08/03/18

Receipt Notice.......................08/03/18

Biometrics Letter Rcvd..........08/20/18

Biometrics Appointment.......09/07/18

Interview Letter Dated...........07/01/19

Interview Letter Rcvd............07/08/19

Interview................................08/05/19

Approval................................08/05/19

Oath.......................................08/22/19

 

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6 minutes ago, Thegirl said:

She still has to upload/ send a copy of the expired green card because that's the basis of her being able to apply for citizenship so it can't be substituted. It's a requirement. Doesn't matter if it's expired. 

Ok thanks

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1 minute ago, CJKylie said:

It’s completely fine that the green card is expired.

i would recommend with the n400 you upload updated versions of everything you submitted with the I751: tax return transcripts, joint bank statements, leases etc

Thanks 

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11 hours ago, Davemoody said:
We just submitted all the evidence to uscis on August 2, 2019 and uscis said it could take 60 days (from the day they received the evidence) to process.

I thought you would need to have a green card and live with your spouse in the States for at least 3 years before you can apply for citizenship. From the above, it sounds like you guys are just trying to remove the conditions of her GC, which means she just had her green card for approx. 2 years! I'm confused! How can you apply if she hasn't had her GC for 3 years? Can someone care to clarify? Thanks!

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Posted (edited)
2 minutes ago, Karim2018 said:

I thought you would need to have a green card and live with your spouse in the States for at least 3 years before you can apply for citizenship. From the above, it sounds like you guys are just trying to remove the conditions of her GC, which means she just had her green card for approx. 2 years! I'm confused! How can you apply if she hasn't had her GC for 3 years? Can someone care to clarify? Thanks!

You don’t need to wait for the Removal of Conditions to be completed before filing for Citizenship. OP likely filed for ROC approx 1 year ago

Edited by CJKylie

ROC Timeline

Service Center: California

90 Day Window Opened.....08/03/17

I-751 Packet Sent................08/04/17

NOA Dated...........................08/07/17

NOA Received......................08/09/17

Check Cashed......................08/09/17

Biometrics Letter Rcvd........08/26/17

Biometrics Appointment......09/07/17

Approval................................08/05/19

 

Naturalization Timeline

Field Office: Santa Ana, CA

90 Day Window Opened.......08/03/18

N-400 Filed (Online)..............08/03/18

Receipt Notice.......................08/03/18

Biometrics Letter Rcvd..........08/20/18

Biometrics Appointment.......09/07/18

Interview Letter Dated...........07/01/19

Interview Letter Rcvd............07/08/19

Interview................................08/05/19

Approval................................08/05/19

Oath.......................................08/22/19

 

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2 minutes ago, CJKylie said:

You don’t need to wait for the Removal of Conditions to be completed before filing for Citizenship. OP likely filed for ROC approx 1 year ago

Got it. In that case, 3 years must have elapsed, b/c to my knowledge, that's a cornerstone for being eligible to file. Thanks!

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