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jordynalex

Now eligible for citizenship but just applied for 10 yr green card

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hey guys! so a few weeks ago it was coming time for my husband to apply to remove the conditions of his green card. He got his green card through the K1 visa process :)

We are still happily married, and did not want him to have to leave the US of course, so we applied to remove the conditions. At the same time, it is only 3 days till he is eligible to apply to become

a US citizen. We are hitting the 3 years married mark on the 20th. Yay! Anyway, i am very confused. Should i just wait for the removal of conditions on the green card to process?

That could take quite a long time apparently. Or should I contact USCIS and tell them the situation and see if he can apply for citizenship? Any advice is useful!

Thanks so much guys :)


02/24/16 -- I-129F sent to Lewisville, TX

02/26/16 -- Arrived at Lewisville, TX

03/02/16 -- NOA1 Email and Text. Sent to CSC

06/01/16 -- I-129F RFE

06/13/16 -- RFE Reply

06/20/16 -- I-129F NOA2

07/15/16 -- NVC Received

07/19/16 -- Case number assigned

07/20/16 -- NVC Left

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1) He must complete ROC before he can naturalize.

2) He must be an LPR and married to a USC for 3+ years to be eligible under the 3 year rule. It is not just being married for 3 years.


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

12/1/16: sent

12/14/16: 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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2 hours ago, jordynalex said:

it is only 3 days till he is eligible to apply to become

a US citizen.

Not yet. He can file 90 days before the 3 year mark (assuming you are still married) of the "Resident Since" date on the card: https://www.uscis.gov/forms/uscis-early-filing-calculator At that time, he can file the N-400 even if the ROC is still pending. Note that the I-751 must be approved before the N-400 is approved; sometimes they do combo I-751/N-400 interviews where they first approve the I-751 and then immediately adjudicate the N-400.

Edited by HRQX

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As the first two responses have said, it is not the 3 year wedding anniversary, but rather the 3 year anniversary of becoming an LPR less the 90 days before you can file.  As to filing for naturalization while the I751 is pending, if naturalization is the ultimate goal (not everyone pursues that path), then I always recommend filing when the window opens.  My wife did it, and in our case the N400 was combined with the I751 and both were finalized after a little more than 5 months from when she filed the N400.  Here is a thread of many members that pursued the N400 while the I751 was pending.  Some of it may be helpful.

 

Good Luck!

 

 


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I agree with all of them. Unfortunately, the USCIS officer couldn't make a decision if one's interview is passed not unless one has successfully finished the ROC process. So let's say your husband files for N-400 while his I-751 is still pending, if in case he gets a favorable result on his N-400 interview, the decision will be put on hold while he is still waiting for his 10-year GC from his ROC application (since it has to be approved first). I have filed my ROC on October 2017, got an RFE letter on December 2018 and got my 10-year GC on May of this year and just filed my N-400 application online this month.

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