N400 filing while waiting for Removal of Conditions

[SMK 89 61]

Question about filing the N-400 under marriage (so after 3 years of GC approval): when they ask about your travel outside the country in the last five years -- i came on a K1 visa, so with how the timing is i've only lived in the U.S. since K1 entry which was Oct 2018, as such 1+ years i was residing outside of the U.S. because i couldn't be living here...so, when they ask how many total days did you send outside of the U.S., and how many trips outside of the U.S. in the last 5 years -- does living abroad count? The form is set-up for the usual  5 Year Post GC approval applicant, not the 3-year GC Approval via Marriage applicant. Is there a diff N400 form based on if you are applying 3-year post GC or 5-year? I haven't found one...I guess i could always upload a letter explaining Part 9 and that i legally came to the U.S. to live only in October 2018 on a K1 and why i am applying for citizenship after only 3 years of GC 

[SMK 89 61]

Also another question - if needing to submit divorce decrees for past marraiges of the US citizen spouce, can we still apply online? can't really upload an original document...i guess you just bring the original with you to the interivew? 

[Corey911 37]

21 hours ago, radrac said:

I have a new question:  my husband came on a K1 in Dec 2016.  He got his 2 year GC in Aug of 2017.  So what do we file as?  Does the 3 year rule apply based on when he got his green card or when he entered the US?  
 

Based on his GC, it will be 4 1/2 years…

3 year rule from the date on his GC minus 90 days - is the filling window. Seems like you missed it.

[Rocio0010 5,565]

3 minutes ago, Corey911 said:

Seems like you missed it.

She can still apply though.

[Dashinka 23,248]

5 minutes ago, Corey911 said:

3 year rule from the date on his GC minus 90 days - is the filling window. Seems like you missed it.

The N400 is not like the I751.  You can file 3 or 5 years minus 90 days, but there is no requirement, so they can file anytime after that.

[Rocio0010 5,565]

1 minute ago, Dashinka said:

they can file anytime after that.

My window for ROC opens by the end of this month, I have almost everything ready to send. That means I can apply for N400 next January. On the one hand, I want to give myself a break from USCIS for a while, but then I remember I can't wait to get it done with and I wouldn't want to start all over a few years down the road. I want to use whatever stamina I have left, so N400 January 2023 here we go!

[radrac 2]

18 hours ago, Lloydh123 said:

That seems too long. On USCIS it says 16-32 months. I was in the Nebraska office too and mine just got approved in June 2021 after waiting 7 months only. And From talking to a bunch of others on here, 12-14 months seems the longest. Sorry you have had to wait so long!!

 

It is long.  I have tried a couple of times to submit an inquiry, but they say I’m not allowed yet (it’s still within average processing time).  Now I’m just going to keep my mouth shut until we get in our N400, so they can adjudicate them at the same time  

18 minutes ago, Rocio0010 said:

My window for ROC opens by the end of this month, I have almost everything ready to send. That means I can apply for N400 next January. On the one hand, I want to give myself a break from USCIS for a while, but then I remember I can't wait to get it done with and I wouldn't want to start all over a few years down the road. I want to use whatever stamina I have left, so N400 January 2023 here we go!

That’s smart.  We gave ourselves a break and now we are out of practice and have no interest in doing all the stupid paperwork  

[Dashinka 23,248]

18 minutes ago, Rocio0010 said:

My window for ROC opens by the end of this month, I have almost everything ready to send. That means I can apply for N400 next January. On the one hand, I want to give myself a break from USCIS for a while, but then I remember I can't wait to get it done with and I wouldn't want to start all over a few years down the road. I want to use whatever stamina I have left, so N400 January 2023 here we go!

The way we looked at it was the ROC and N400 run on different clocks, so why not, if naturalization is the end goal, get that clock started when the window opens.  The N400 application is so much easier (there is studying, etc. for the interview, but that can come later) than AOS/ROC, etc., I think it took my wife about an hour to get the N400 package together, so we went forward.  In our case, we filed the ROC right when USCIS started slowing down that process (my wife only got a 12 month extension letter), so I started seeing a lot more ROC/N400 combo filers.  You will always get the debate that doing a combo filing slows down this, or speeds up that, who really knows especially considering that the N400 is processed at local offices where workloads vary quite a bit.  As to my wife, the ROC languished in USCIS for a year, she filed the N400 and Detroit handled both approvals in a little less than six months from the N400 filing.  So in the end, my wife was naturalized around the same time that those filing ROC only were just getting their 10 yr GCs approved.  I hope that makes sense, but in the end, again, if naturalization is desired, why not get the N400 in the system.

[Rocio0010 5,565]

4 minutes ago, radrac said:

We gave ourselves a break and now we are out of practice and have no interest in doing all the stupid paperwork

I understand 100%. I think a lot of it has to do with the amount of preparation that every step needs (at least for me, because I'm an anxious person!)

As soon as my AOS was approved, I grabbed an envelope as "ROC evidence" and started collecting evidence little by little for about a year and a couple months. So then when it was time to put the ROC package together, I didn't have to dig too much. Once I send the ROC package I will still collect evidence in case I get a RFE down the road (I hope not, I am almost sending them our kitchen appliances!) and also I am starting to collect evidence for N400, though from what I've read is not nearly as much.

I just want to get this done!

[Rocio0010 5,565]

Just now, Dashinka said:

You will always get the debate that doing a combo filing slows down this, or speeds up that,

I totally get it. My reasoning is that, as long as I have the extension letter from ROC in hand, I really don't care, since it's not like you can fall out of status easily. This time I will take the chill pill and not stress out.

[Corey911 37]

7 hours ago, Dashinka said:

The N400 is not like the I751.  You can file 3 or 5 years minus 90 days, but there is no requirement, so they can file anytime after that.

don't they need a reason not submitting within the 90 day window?

As I'm doing everything on time, I really miss the details what if you miss the dates to file.

My wait for the N400 interview will be over in 2 months and I'm glad I didn't wait for ROC to be approved first!

[Rocio0010 5,565]

18 minutes ago, Corey911 said:

don't they need a reason not submitting within the 90 day window?

As I'm doing everything on time, I really miss the details what if you miss the dates to file.

My wait for the N400 interview will be over in 2 months and I'm glad I didn't wait for ROC to be approved first!

No, they don’t need to apply right after the window opens. 
How do you know your wait will be over in 2 months?

[Corey911 37]

6 minutes ago, Rocio0010 said:

No, they don’t need to apply right after the window opens. 
How do you know your wait will be over in 2 months?

Had a Congresswoman's office involvement to confirm it with USCIS.

The waiting time is right under my case online (is correct) was confirmed to be accurate by uscis contact to my congresswoman representative.

YAY!

[Arnel villarreal 46]

On 1/12/2022 at 9:17 AM, Crazy Cat said:

We filed my wife's I-751 in late March of 2019.  We are still waiting for the interview, too.

I file Dec 9, 2019 and after 2 years i had my interview last Tuesday of January.

[Arnel villarreal 46]

7 hours ago, Rocio0010 said:

I understand 100%. I think a lot of it has to do with the amount of preparation that every step needs (at least for me, because I'm an anxious person!)

As soon as my AOS was approved, I grabbed an envelope as "ROC evidence" and started collecting evidence little by little for about a year and a couple months. So then when it was time to put the ROC package together, I didn't have to dig too much. Once I send the ROC package I will still collect evidence in case I get a RFE down the road (I hope not, I am almost sending them our kitchen appliances!) and also I am starting to collect evidence for N400, though from what I've read is not nearly as much.

I just want to get this done!

Hahaha kitchen appliances 😬😬😬😬