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Tokenfreak

Can I file for US Citizenship? confused!

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I'm starting to fill out the N-400 form to become a US Citizen, but to check my eligibility I have to choose this option below.

 

I am at least 18 years of age and have been a lawful permanent resident of the United States for at least 3 years. In addition, I have been married to and living with a U.S. citizen spouse for the last 3 years, and my spouse has been a U.S. citizen for the last 3 years at the time I filed my Form N-400.

 

But I haven't been a LPR for 3 years yet or married for 3 years yet. All of that will happen in less then 90 days from now.  So can I still file it now? I am confused as I seen this message elsewhere.

 

 

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

  • Permanent resident for at least 3 years if you are married to a US citizen.

 

 

Thanks,

 

Edited by Tokenfreak

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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21 minutes ago, Tokenfreak said:

I'm starting to fill out the N-400 form to become a US Citizen, but to check my eligibility I have to choose this option below.

 

I am at least 18 years of age and have been a lawful permanent resident of the United States for at least 3 years. In addition, I have been married to and living with a U.S. citizen spouse for the last 3 years, and my spouse has been a U.S. citizen for the last 3 years at the time I filed my Form N-400.

 

But I haven't been a LPR for 3 years yet or married for 3 years yet. All of that will happen in less then 90 days from now.  So can I still file it now? I am confused as I seen this message elsewhere.

 

 

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

  • Permanent resident for at least 3 years if you are married to a US citizen.

 

 

Thanks,

 

You did I-751 Removal of Conditions, so it is the same principle regarding eligibility and the 90-day window. You don't have to wait until your exact 3-year anniversary as a permanent resident to file. You become eligible for filing 90 days before your 3-year permanent resident anniversary, exactly like how you can file I-751 90 calendar days before your 2-year permanent resident anniversary. Not sure what the confusion is about as it is clearly explained in the N400 instructions.

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23 minutes ago, Tokenfreak said:

I haven't been a LPR for 3 years yet or married for 3 years yet. All of that will happen in less then 90 days from now.  So can I still file it now?

 

Is your VJ timeline accurate?  It says your AOS was approved in Feb 2019.  If that's true, then the earliest you may file N-400 is sometime in Nov 2021.

 

Also, how come you filed your I-751 in Sep 2020?  If your AOS was approved in Feb 2019, the earliest you were allowed to file for ROC is Nov 2020.  If you filed earlier, your ROC will be denied.

 

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1 hour ago, Chancy said:

 

Is your VJ timeline accurate?  It says your AOS was approved in Feb 2019.  If that's true, then the earliest you may file N-400 is sometime in Nov 2021.

 

Also, how come you filed your I-751 in Sep 2020?  If your AOS was approved in Feb 2019, the earliest you were allowed to file for ROC is Nov 2020.  If you filed earlier, your ROC will be denied.

 

Yes my AOS was approved on Feb 19, 2019. Then, I filed my I-751 in Sep 4, 2020.  It said on the USCIS website, "File within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring."  And by greencard expires 11/29/2020. So I was within the 90 day window.  I already got a 18 month extension letter for my ROC.

 

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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Filed: Citizen (apr) Country: Morocco
Timeline
1 minute ago, Tokenfreak said:

Yes my AOS was approved on Feb 19, 2019. Then, I filed my I-751 in Sep 4, 2020.  It said on the USCIS website, "File within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring."  And by greencard expires 11/29/2020. So I was within the 90 day window.  I already got a 18 month extension letter for my ROC.

 

3 years from LPR when married

 

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

  • Permanent resident for at least 5 years; or
  • Permanent resident for at least 3 years if you are married to a US citizen.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, if the 

 

 

 

 

 

 

 

 

 

 

 

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2 minutes ago, JeanneAdil said:

3 years from LPR when married

 

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

  • Permanent resident for at least 5 years; or
  • Permanent resident for at least 3 years if you are married to a US citizen.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, if the 

 

 

 

 

 

 

 

 

 

 

 

Thanks I meet the requirements then. I could have filed 4 days ago lol. Guess I'll work on this now. Thanks.

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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10 minutes ago, Tokenfreak said:

Yes my AOS was approved on Feb 19, 2019. Then, I filed my I-751 in Sep 4, 2020.  It said on the USCIS website, "File within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring."  And by greencard expires 11/29/2020. So I was within the 90 day window.  I already got a 18 month extension letter for my ROC.

 

If your AOS was approved in Feb of 2019, the green card would not expire until Feb/Mar of 2021, depending on when it was issued.

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13 minutes ago, Tokenfreak said:

Thanks I meet the requirements then. I could have filed 4 days ago lol.

 

No, you don't meet the requirements yet.  What matters is the "Resident Since" date on your green card, not your wedding date.  You only became a permanent resident on the date listed as "Resident Since".  If your AOS was approved on Feb 19 2019, I assume that's also the date listed on your GC.

 

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Filed: Citizen (apr) Country: Morocco
Timeline
19 minutes ago, Tokenfreak said:

Thanks I meet the requirements then. I could have filed 4 days ago lol. Guess I'll work on this now. Thanks.

no,  the green card date not your wedding date

the important parts are Legal permanent resident and married at least 3 years

BOTH are needed

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44 minutes ago, Tokenfreak said:

greencard expires 11/29/2020

 

Is that the expiration date listed on your GC?  What is the "Resident Since" date on the GC?

 

If the expiration date is less than 2 years after the "Resident Since" date, it could be a USCIS printing error.

 

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12 minutes ago, Chancy said:

 

Is that the expiration date listed on your GC?  What is the "Resident Since" date on the GC?

 

If the expiration date is less than 2 years after the "Resident Since" date, it could be a USCIS printing error.

 

It says Resident Since: 11/29/2018

I should be able to have filed for ROC and now N-400 from my understanding.

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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50 minutes ago, Jorgedig said:

If your AOS was approved in Feb of 2019, the green card would not expire until Feb/Mar of 2021, depending on when it was issued.

My AOS was approved in Feb 2019, but when I got my Green card in Feb 2019 the Resident Since was back date to 11/29/2018 which is right before I filed for the AOS.

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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37 minutes ago, Chancy said:

 

No, you don't meet the requirements yet.  What matters is the "Resident Since" date on your green card, not your wedding date.  You only became a permanent resident on the date listed as "Resident Since".  If your AOS was approved on Feb 19 2019, I assume that's also the date listed on your GC.

 

No that's not the date on my card. It is is 11/29/18 for Resident Since.  Although my AOS of status was approved in Feb 2019 and thats when I got my greencard too it was back dated to 11/29/2108 for Resident since.

event.png        event.png

 

Spoiler

K-1 Visa

06/19/2017:  Met online on a dating site (Date in Asia)

11/10/2017:  Met in person 1st time (traveled to Philippines: 11/8/2017 - 11/20/2017)

01/29/2018:  I-129F petition sent to the USCIS Dallas lockbox via USPS

01/31/2018:  I-129F petition delivered and signed by USCIS

02/06/2018:  Check was cashed ($535); Received acceptance confirmation email and text from USCIS; Case being transferred to CSC

02/08/2018:  NOA1 hard copy received via USPS (NOA1 received date: 01/31/2018; NOA1 notice date: 02/05/2018)

08/09/2018:  I-129F petition approved (total wait time: 190 days from received date and 185 days from notice date) 

08/13/2018:  NOA2 hard copy received via USPS

08/22/2018:  NVC received I-129F petition

08/23/2018:  NVC assigned case number

09/03/2018:  Medical exam at SLEC (Day 1)

09/04/2018:  Medical exam at SLEC (Day 2)

09/04/2018:  NVC sent I-129F petition to embassy

09/05/2018:  Embassy received I-129F petition

09/23/2018:  Met in person 2nd time (traveled to Philippines: 09/21/2018 - 10/07/2018)

09/24/2018:  Interview - Approved! (Interview took 236 days from received date and 231 days from notice date)

09/25/2018:  Attended the CFO - GCP session

09/28/2018:  Visa packet in hand (picked up at Robinson's Mall in Bacolod, Philippines)

10/03/2018:  Flew from BCD to MNL and back to get CFO - GCP sticker

10/06/2018:  POE at JFK airport in New York

10/22/2018:  Received marriage license application (applied on 10/17/2018)

11/07/2018:  Received SSN card (applied on 10/24/2018)

11/10/2018:  Married to my Honeybun!

AOS/EAD/AP

11/23/2018:  Packet sent to the USCIS Chicago lockbox via USPS

11/29/2018:  Packet delivered and signed by USCIS

12/05/2018:  Check was cashed ($1225); Received three acceptance confirmation texts (one for each form) from the USCIS

12/11/2018:  NOA1 hard copies received (one for each form) via USPS (NOA1 received date: 11/29/2018; NOA1 notice date: 12/03/2018)

12/13/2018:  Biometrics (ASC) appointment notice hard copy received via USPS (notice date: 12/07/2018)

12/26/2018:  Biometrics (ASC) appointment at 9:00am at the USCIS Application Support Center in Charleston, SC

01/02/2019:  AOS case status update:  Ready to schedule interview

01/09/2019:  AOS case status update:  Interview scheduled

01/12/2019:  Interview appointment notice hard copy received via USPS (notice date: 01/09/2019)

02/19/2019:  Interview for AOS:  I-485 - Approved

02/25/2019:  Green card received in mail

ROC

01/02/2019 *State ID card - Applied and received temporary paper ID....waiting on real physical card ID.

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