Lots Of Questions

[madj22 7]

Hi,

 

I am writing because I sent my ROC 1-751 application in around the middle of Dec and still haven't gotten any extension in the mail. I heard there was now a 6-8 week window where they ususally send them out. I am getting nervous because it's getting close to the end of that window. ALTHOUGH, they only took the money out of our account a couple weeks ago. So should I go off of that? I know it arrived the middle of DEC because I got the UPS with tracking on the package.

 

The other question is kind of a weird one. Like I said above I just applied for my 10 year greencard, but I just became aware the other day (correct my if I am wrong) that if you get a greencard through MARRIAGE you can apply for permanent residency after 3 years of having a greencard, not 5 year (when you get a greencard through non marriage reasons). What do I do if I don't get my greencard within a year? Can I apply for citizenship at the same time?

 

Thank you for any and all help!

 

 

[da95826 387]

. With your i751 application, if USCIS has cashed your check that means USCIS has accepted your i751 application. Your NOA will come in the mail with your extension in 6 to 8 weeks after filing. you officially have an i751 pending so your LPR status will not expire when the CGC expires.

 

A green card holder who has been married to a USA citizen spouse for 3 years can apply for citizenship 90 days before the 3rd anniversary of the issuance of the green card. Even if your i751 is pending you can still file for natulaztion before you get your 10year green card.

Edited February 4, 2021 by da95826

[madj22 7]

1 minute ago, da95826 said:

. With your i751 application, if USCIS has cashed your check that means USCIS has accepted your i751 application. Your NOA will come in the mail with your extension in 6 to 8 weeks after filing. you officially have an i751 pending so your LPR status will not expire when the CGC expires.

 

A green card holder who has been married to a USA citizen spouse for 3 years can apply for citizenship 90 days before the 3rd anniversary of the issuance of the green card

Thank you for confirming that. Do you know if I still haven't received my greencard in a year, if I can apply for the permanent resident status? I have my current 2 year one, and would hopefully have the extension letter by then. But, I don't know if I need to wait to receive my new one in order to apply. Hopefully my question makes sense.

[da95826 387]

Yes, you can apply for natulazation while your i751 is still pending. 

Edited February 4, 2021 by da95826

[Timona 4,207]

Permanent Residency status is what you're now seeking with your filed I-751. When I-751 is approved, you become a Permanent Resident and get 10 year GC

 

Understand the terms

[da95826 387]

13 minutes ago, madj22 said:

I have my current 2 year one, and would hopefully have the extension letter by then. But, I don't know if I need to wait to receive my new one in order to apply. Hopefully my question makes sense.

You will not receive a new green card until your I751 is approved and you get a new 10 year card, but if you choose to file for naturalization before the removal of conditions is complete you will use your expired green card with the extension letter to file your n400.. 

[Scandi 4,171]

16 hours ago, madj22 said:

Hi,

 

I am writing because I sent my ROC 1-751 application in around the middle of Dec and still haven't gotten any extension in the mail. I heard there was now a 6-8 week window where they ususally send them out. I am getting nervous because it's getting close to the end of that window. ALTHOUGH, they only took the money out of our account a couple weeks ago. So should I go off of that? I know it arrived the middle of DEC because I got the UPS with tracking on the package.

 

The other question is kind of a weird one. Like I said above I just applied for my 10 year greencard, but I just became aware the other day (correct my if I am wrong) that if you get a greencard through MARRIAGE you can apply for permanent residency after 3 years of having a greencard, not 5 year (when you get a greencard through non marriage reasons). What do I do if I don't get my greencard within a year? Can I apply for citizenship at the same time?

 

Thank you for any and all help!

 

 

1. Nothing to worry about, especially since they already took the payment. They wouldn't go through with the payment if your case wasn't accepted.

 

2. You have already filed and been approved for permanent residency (called AOS). There's no 3 year rule for that part.

 

If you mean citizenship, then yes, if eligible you can file after 3 years (minus 90 days) as a LPR. Doesn't matter if your ROC is still pending.

[madj22 7]

Thank you all, sorry I mixed up my terminology. It is good to know I can apply for citizenship on the 3rd anniversary minus the 90 days. Thank you all!