Removal of conditions I-751 for K1 visa - passport renewal and name change

[Nishris 16]

Hello Members,

 

My 2-year conditional green card through K1 expires in May 2024, I know it's quite in advance but wanted to check a few things and be ready before the time when I have to file for ROC I-751.

 

1. Is the 90 days window to apply before the expiry printed on the conditional green card or 90 days before the second marriage anniversary?
2. I changed my name after marriage and my foreign passport of course has my maiden name. This passport is expiring in Jan 2024, I am planning to apply for renewal at an embassy here in California. But hopefully putting my new married name on the foreign passport should be fine when the time comes to apply for I-751. I have used my married name for all K-1 filling.
3. From what I looked up online, the processing times for 751 for California Service Center is currently 15.5 months. What happens when I file for I-751 before the 90 days but the processing takes longer, do I get any document meanwhile to keep my residency in the States?
4. Understanding when filling out I-751 I would get a 10 years valid green card. Can I apply for citizenship after staying in the States for 3 years in total (2 years as conditional GC + 1 year of 10 years GC)
5. Does USCIS send mail to the address from where the K-1 visa was filled for notifying for removal of conditions or any other purpose? We have moved out from that address and now staying in another city.

 

Kindly assist with my questions above. Appreciate your help!

 

Regards

[Mike E 11,722]

1. Card expiry

2. does not matter. Note Canadians renew passports by mail by sending renewal forms to Gatineau. Passport renewals at canadian consulates in the U.S. stopped in the 1990s

3. Today i-751 filers  get a 48 month extension letter. 

4. Yes if your spouse has been a U.S. citizen for  3 years when you file

5. USCIS will send mail to the address you list on your I-751

Edited March 11, 2023 by Mike E

[Nishris 16]

3 minutes ago, Mike E said:

1. Card expiry

2. does not matter. Note Canadians renew passports by mail by sending renewal forms to Gatineau. Passport renewals at canadian consulates in the U.S. stopped in the 1990s

3. Today i-751 filers  get a 48 month extension letter. 

4. Yes if your spouse has been a U.S. citizen for  3 years when you file

5. USCIS will send mail to the address you list on your I-751

Thanks for your quick reply Mike.

 

2. I have Indian passport, was on PR in Canada when I filled for K-1, but thanks for letting me know about Canadian passport renewals.
3. While waiting for the I-751 to be approved completed, can even the citizenship for US be applied. At a given point can both processing of 751 + citizenship take place. Probably have to first get approved for 751 and only then apply for citizenship when the 3 years condition is met, I believe.

[Mike E 11,722]

I-751 does not have to be approved before:

 

* you file N-400

* you have your N-400 interview

 

I-751 must  be approved before you will take oath of citizenship

[powerpuff 5,884]

~~ Topic moved from K1 forum to Removing Conditions on Residency forum ~~

[OldUser 4,741]

52 minutes ago, Mike E said:

 

4. Yes if your spouse has been a U.S. citizen for  3 years when you file

 

And the @Nishris needs to be LPR for at least 2 years 9 months (Resident Since date on GC) when filing N-400. I-751 can be pending when filing.

Edited March 11, 2023 by OldUser

[Sarge2155 4,565]

8 hours ago, OldUser said:

And the @Nishris needs to be LPR for at least 2 years 9 months (Resident Since date on GC) when filing N-400. I-751 can be pending when filing.

In fact the trend is starting to show that most people (here on VJ) do file their N-400 while their I-751 is pending. USCIS for some reason goes bananas when they see you have both a I-751 and a N-400 pending. They are adjudicating N-400s by the droves it seems. If you have any inclination to apply for your N-400 I would recommend you do it especially if you have a I-751 pending too! I've seen several cases here on VJ, where the I-751 got boosted out of the mud due to having a pending N-400. @Crazy Cat can vouch for that. While it's just speculation that your I-751 will be sped up if you submit a N-400, it does not hurt anything at all and can only help your cases. That's a rare gem when dealing with USCIS.

[Nishris 16]

15 hours ago, Sarge2155 said:

In fact the trend is starting to show that most people (here on VJ) do file their N-400 while their I-751 is pending. USCIS for some reason goes bananas when they see you have both a I-751 and a N-400 pending. They are adjudicating N-400s by the droves it seems. If you have any inclination to apply for your N-400 I would recommend you do it especially if you have a I-751 pending too! I've seen several cases here on VJ, where the I-751 got boosted out of the mud due to having a pending N-400. @Crazy Cat can vouch for that. While it's just speculation that your I-751 will be sped up if you submit a N-400, it does not hurt anything at all and can only help your cases. That's a rare gem when dealing with USCIS.

@Sarge2155 thanks for that trick it’s worth applying. I think this gives me an idea way ahead of ROC. I will prepare to file for both 751 when the time comes followed by N-400 when I reach 2 years 9 month mark as LPR.