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Filed: AOS (apr) Country: Philippines
Timeline
Posted

Good day VJ, 

 

Am i eligible to file for N400 while my I751 is still in a process? Im still married and will celebrate 4yrs next Feb. My I751 still in a process for almost a year now, if im eligible do you have any checklist? if not when do you think is the right time? I may have ideas but im not confident without asking your guide and tips. 

 

p.s My 2yrs gc expired Apr 7, 2025 now i have 48mos extension.

 

Thank you and have a good day! 

Posted
50 minutes ago, BOKURAGAITA said:

Good day VJ, 

 

Am i eligible to file for N400 while my I751 is still in a process?

Yes, as long as you meet criteria for filing. Pending I-751 is not a problem.

 

When you start N-400 online application, you are asked a few question to establish eligibility.

 

General N-400 requirements:

- You spent enough time in the US (physical presence) as LPR in the last 3 years (if want to apply based on marriage to US citizen) or in the last 5 years (if applying under general provision)

- If applying based on marriage, make sure you've been married to US citizen for 3 years and were LPR for 3 years.

- Make sure you never left the US for 6+ months on same trip, in the last 3 or years

- Make sure you always paid taxes and haven't had criminal charges in the last 3 or 5 years

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Your issue date is Apr 27, 2023 yes? File w/in 90 days before Apr 27, 2026.

Oct 2022 - Married

Jan 2023 - Filed AOS packet

Feb 2023 - Biometrics

July 2023 - Greened (no interview)

May 2025 - ROC filed

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
21 minutes ago, OldUser said:

Yes, as long as you meet criteria for filing. Pending I-751 is not a problem.

 

When you start N-400 online application, you are asked a few question to establish eligibility.

 

General N-400 requirements:

- You spent enough time in the US (physical presence) as LPR in the last 3 years (if want to apply based on marriage to US citizen) or in the last 5 years (if applying under general provision)

- If applying based on marriage, make sure you've been married to US citizen for 3 years and were LPR for 3 years.

- Make sure you never left the US for 6+ months on same trip, in the last 3 or years

- Make sure you always paid taxes and haven't had criminal charges in the last 3 or 5 years

 

Physical appearance: I exited Jan 2023 with USC to bring my 3 kids( K2 process) here in the states, stayed in Ph for 30days and traveled back in the States after 3 kids visa issued. 

 

So far this is what im only worry. 

 

Edited by BOKURAGAITA
Posted
8 hours ago, BOKURAGAITA said:

Physical appearance: I exited Jan 2023 with USC to bring my 3 kids( K2 process) here in the states, stayed in Ph for 30days and traveled back in the States after 3 kids visa issued. 

 

So far this is what im only worry. 

 

30 day trip is totaĺly fine

Posted
12 hours ago, BOKURAGAITA said:

do you have any checklist?

Required Evidence - Eligibility Based on Marriage to a U.S. Citizen

Provide a copy of the following if you are applying for naturalization based on your marriage to a U.S. citizen:

1. Evidence that your spouse has been a U.S. citizen for at least 3 years at the time you file your Form N-400. For

example:

A. Your spouse’s U.S. birth certificate (if your spouse has held U.S. citizenship since birth);

B. Your spouse’s Certificate of Naturalization;

C. Your spouse’s Certificate of Citizenship;

D. Your spouse’s Form FS-240, Consular Report of Birth Abroad; or

E. The biographical page of your spouse’s U.S. passport;

2. Current marriage certificate and any divorce decree, annulment decree, or death certificate showing that your and

your spouse’s prior marriages were terminated (if applicable); and

3. Evidence that you and your spouse have lived in marital union for at least 3 years before the time you file your

Form N-400. Some examples include:

A. Joint bank or credit card statements;

B. Leases or mortgages;

C. Birth certificates or adoption decrees (as applicable) for any children born or adopted during the marriage by

either spouse;

D. Insurance policies; and

E. IRS tax transcripts for you and your spouse for the past 3 years.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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