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5 hours ago, Edgarm said:

I hope I have no problems, I have been married for 6 years, the same as a permanent resident and only two tax returns with my wife, and to this day I realized the different address, I get divorced this year 

They just want to check if you filed your tax returns. I didn't even upload mine and just took them during the interview. The IO didn't ask for them.

For me if SS is open : register, ss/dmv, passport. Are you getting a passport card or Global Entry? They can serve as real ID. MIght as well get either one because if you have to change your DL this year and if it's not even real ID compliant, you still need to have a real ID to fly domestically after Oct 2021. But then again, you can always use your passport book.

6 hours ago, Undecided said:

Your number 4 - really? My dmv doesn’t make any mention of ss when it comes to changing my name. I can do it with an official document (which my naturalization certificate surely is). Or are you talking about states that have totally implemented Real ID? Mine hasn’t. But I can see that it could be necessary in that situation. I will see how it works out though. If the ss amendment is necessary to get a new license, I’ll definitely update here for other people’s information.
 

Thank you.

 

edit re ID for voting - in my state the naturalization certificate should be sufficient if voting in person. I’m still dithering about mail in/in person voting.

Yes in Florida, SS has to be updated first before dmv if there's name change. We have real ID.

6 hours ago, millefleur said:

Are there any stats on that anywhere on how long the delays for name changes generally take?

I have no idea.

imo it might be more critical to people whose residence only does judicial oath and where they only have oaths every other month or so. So maybe a delay of 3-4 months before oath taking for those people? I doubt that it'll more than 6 months. But this is pre-COVID.

These days, you see a lot more turnaround or same day oaths. Maybe people whose residence only does judicial oaths are now allowed to do administrative oaths if no name change? At the same time judicial oaths are forced to be smaller or maybe more creative. I haven't read anything though.

Or you can be the lucky one who just zips through. Very uncertain these days. Things can shutdown anytime. You can only hope for the best!

On 8/13/2020 at 11:27 PM, Undecided said:

I will be having my oath ceremony on Monday (hurrah), but I have a slight issue that I don’t know how to address. Turns out since my middle name wasn’t on my birth certificate, and because I didn’t want to wait for a court ceremony in the middle of a pandemic, I will be losing this middle name on naturalization. I don’t have an issue about this but it’s on most of my documentation. Drivers license, ss card most credit cards etc. etc. The most important thing for me to do personally is register to vote and I don’t think that will be an issue. But after that? My license doesn’t expire until next year, I’m not planning to change my job so I’m unlikely to need to display my social security card and while I’m going to apply for a passport, I’m not getting on a plane in the near future.

 

So basically - what would you do first?

 

I’ve even considered actually applying to the local court for a name change to get my middle name back. Fees etc will be a thing and of course time, but as I say - being naturalized in time to vote in November was my primary considerations. And really I’m not as attached to my middle name as much as it seems to be attached to me. 
 

So what order would you do this? 

1) Register to vote

2) Passport

3) SS -  I think the waiting for 10 days after oath is still valid. However, I've read some posts here that SS just asks people to send in their nat cert. People have done that and had received their nat cert back.

#s 2-3 can be interchangeable. Up to you if it's worth the risk if SS is not open. Passport application can be fast acc to the passport tracker here... even in june/july (can be 1 month) but may range 2-4 months. Are you doing in person voting or mail in ballot? Do they need your new DL if you have to do in person voting?

4) DMV - DMV requires you to have updated SS info

If SS is open:

Register to vote, SS, DMV, passport

On 8/13/2020 at 8:49 AM, observatorka said:

Does it mean that it's gonna be a fast processing case?

Requesting a name change can delay your oath.

6 hours ago, Mos.Mo said:

Any idea if the 4 years and 1 day rule applies to me? I am confused and got some contradicting answers. one says that i had to have at least one year of continuous residence before i break it in order for the rule to apply and the other says that the rule applies to me and i am good to apply 4 years and 1 day from 3/20/2016. 

i don't think it applies to you. if you have been out of the US 1 year or longer, you can apply for citizenship after 4 years and 1 day BUT check bold in 2nd paragraph below. You still have to prove that you didn't break continuous residence by being out of the US for a period between 6 months and 1 year.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Quote

Eligibility after Break in Residence

An applicant applying for naturalization under INA 316 , which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States, to have the requisite continuous residence to apply for naturalization.^[21] The statutory period preceding the filing of the application is calculated from the date of filing.

 

Once 4 years and 1 day have elapsed from the date of the applicant’s return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year. Since the period of absence is still more than 6 months, an applicant for naturalization in these circumstances must also overcome the presumption of a break in the continuity of residence.^[22]

 

 

you are eligible 90 days before 3/20/21 -- which would be 12/20/2020.

Just now, Lucky Cat said:

You're talking about the 90 day window preceding the 3rd year GC anniversary, right?

yes, i missed the phrase '90 days' before... 3rd yr gc anniversay. thanks!

Are they more than $500 ea? If not, you don't have to provide documentation.

You're K-1 so if you're still married, you can apply for (3yr marriage based) N-400 before your 3rd year gc anniversary. Still faster than if you wait for 5-yr residence based N-400 application.

2 hours ago, Daca said:

Thanks for your input.

Due to Covid, the dmv in NC are renewing licenses online. When I try to do that it wont let me and tells me to call the DMV. 

I called twice yesterday and had two different people tell me that I would need to bring my passport which included unexpired visa. I believe this comes in the form of my greencard, they both told me I would need to bring that. 

Either way I don't have a passport in my possession right now so I cannot even try until I get that back from the UK. 

Regarding needing the greencard for citizenship application the USCIS told me on the phone I don't have to have it with me. I explained my situation and asked if I should apply for a new greencard, they told me as my greencard still has two years to run on it I would be better off applying for citizenship and having them stamp my passport to show the DMV. 

I also saw a lawyers youtube channel that suggests I will be ok with not having it in my possession when applying for citizenship. 

Is your DL real ID compliant (with a star)? If not, renewal cannot be done online.

Maybe you can ask if there's an update to this?

https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices-closed.aspx

Quote

Expiration Dates Extended for DMV Credentials 

On May 4, 2020, Governor Cooper extended expiration dates for DMV credentials (such as driver licenses and vehicle registrations; full list below):

• People whose credentials expired on or after March 1, 2020 and before Aug. 1, 2020 have been given a one-time, five-month extension (from the original expiration date) to renew driver licenses and handle vehicle registrations.
• Any fines and fees related to expired credentials are being temporarily waived. Customers who already paid a $15 fee for a late renewal in March or April will be reimbursed.
• This language does not change the original expiration date of the driver license or vehicle registration renewal; it only provides a one-time extension. 

For example: If your registration has a current deadline of March 31, 2020, then the new due date will be Aug. 31, 2020. Next year, the registration deadline will revert to March 31, 2021.

39 minutes ago, rainbow-skies said:

Okay awesome. We were stressing out and thought this could delay everything. 

 

So given I am approved and get my visa and can enter the US via POE, I get a 2 year conditional visa within a few weeks? So we would essentially file/apply I-485 right before my 2-year conditional CR1 visa expires then right? to Adjust status and get the 10 year green card?

 

Thank you kindly for your help.

Melissa

 

If you have paid the GC fee and had been married for more than 2 years by the time you enter the US with the immigrant visa, you'll get a 10-year green card afterwards. I don't know about receiving it within a few weeks after arrival.

If you have paid the GC fee and had been married for less than 2 years by the time you enter the US with the immigrant visa, you'll get a 2-yr conditional GC. You'll have to do an ROC (Removal of Conditions) by filing I-751 before the GC expiration.

If possible and within validity of the immigrant visa, enter the US when you're past your 2-yr marriage mark so you don't have to do the ROC.

For what it's worth, DOS repatriation flight statistics shows only 11 (!) Americans repatriated from  Italy with only 1 flight completed. If you left Italy on the very next available flight, other proofs etc and are willing to part with the naturalization fee... just my opinion, anyway.

https://www.state.gov/coronavirus/repatriation/

10 hours ago, ros88 said:

No excuse!

as I said in my post, I ve been traveling for work, then find myself in Italy during the pandemic, I choose to respect a serious lockdown in the country where I was.

What we have lived here for 3 months was not the lockdown you did in the US.

we literally could not leave our home, Only to go to the pharmacy or grocery store with a written autocertificazio everytime you went out for essential things.

The police stopped me everytime I went out to check if I had a autocertification to justify me going out.

After 3 months like that, we finally saw the light.

While in the US the situation was still scared.

 

I just decided to respect for the good of the community a very intense lockdown.

 

I agree with you all, I will apply when the time will be right.

I'm not sure if I understood your questions but here goes...

How many months beyond 30 months are we talking about? The physical presence requirement is easier to overcome. If you only need 1month to reach 30 months, then you delay your application by 1 month.

Were you at any time, out of the US for 6 months straight? Due to COVID lockdown, were you outside the US for more than 6 months? That particular break of the continuous residence requirement is harder to overcome. If there's a break, it will take at least 4 years, 6 months and 1 day after return to the US to apply for citizenship -- unless you can prove otherwise.

I did overnight delivery for my passport because imo less room for it to be lost during transit ('epiphany' from a passport that I thought got lost in the mail). Unfortunately, only the passport is trackeable so you just hope for the best for the deliveries of the passport card and naturalization certificate.

I would also choose option #1.

USCIS needs a state-issued identification such as a driver’s license but as mentioned, an expired one with a picture and paper version with the current address would work. If you can get a state ID, then that would also work but I don't know if you can have state ID and DL at the same time in your state (https://my.uscis.gov/citizenship/what_to_expect).

Acc to the following, IR-6 is for those who did AOS as spouse of a USC -- which is your case.

https://www.quora.com/What-is-IR6-greencard

Acc to below, if applying for 3-yr marriage based n-400, only 3 years worth of residence and employment history needed.

https://citizenpath.com/filling-out-the-application-for-us-citizenship/

Quote

Part 5: Information About Your Residence

Most applicants will need to list five years of address history in Part 5. However, if the basis of your application for U.S. citizenship is marriage to a U.S. citizen for three years, you’ll only need to document three years of address history.

Quote

Part 8: Information About Your Employment and Schools You Attended

Most applicants will need to list five years of employment/school history in Part 8 of the application for U.S. citizenship. However, if the basis of your application for U.S. citizenship is marriage to a U.S. citizen for three years, you’ll only need to document three years of employment/school history. List all of your employers and schools (including military service).

2 hours ago, msamulski said:

 

My wife has completed the N-400 and we are ready to submit the application. She has two teenage children living with their father. My wife and this man were never married. There was never a court order or legal child support arrangement. Does a notarized letter from the father (or from the father's sister, who is the more involved caretaker) need to be included with the N-400 right now? Does anyone think that it is essential for us to address this in the N-400 application. We do send money regularly, but it's a complicated situation. Seems the father is more of a "dependent" than the children are.

We would like to submit the application soon, but we now wonder if not including evidence on this topic with the application will cause a delay with the approval process.

Mike 

 

She has to list her children in the application (Part 11).

Here's some useful info from http://projectcitizenship.org/can-person-owes-child-support-apply-naturalization/

Quote

 

If children are listed on an application who are not living with the applicant, you should be prepared for the officer to ask whether the applicant is supporting those children.  You should bring proof of payments, including:

• Any court ordered payment arrangement;
• A notarized letter from the other parent stating that the applicant provides support to his/her child(ren);
• Copies of checks;
• Bank statements; and/or
• Money order receipts.

 

I would say yes to all of them. You also need to provide documentation since the fine is more than $500.

imo it's considered an offense since one of the potential penalties for being uninsured is jail time.

27 minutes ago, whirlpool said:

i didnt say 6 months within a year, i said 6 months "each time"

 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
 

Quote

 

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.^[10]

 

An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence.

 

1 hour ago, whirlpool said:

 

Well I said within a year, and I am talking about continuous residence requirement. 

 

I wasnt talking about physical presence.

 

And you are wrong, it is:

 

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.

 

So yes please read my question carefully.

 

18 hours ago, whirlpool said:

so if someone keep making trips overseas but each time for less than 6 months, but only spend 1 months in the US in a year, that means that person still meet the continued residence requirement?

<6 months/yr -- outside US?

1 month/yr    -- inside US?

what happened to the other months/yr? Inside US or outside US?

34 minutes ago, humptydumpty said:

Sounds like we’re in the same boat. Wonder how many folks could weigh in still on this topic.

 

Best of luck with filing, happy to know we’re lucky enough to have the old filing fees.

 

do you plan on filing “online” vs paper filing? 

a lot of people filed for N-400 while their ROC is pending. The only issue is whether USCIS will want to have your ROC approved before you can have the N-400 interview or if they'll do both during the N-400 interview. In any case, you can apply and get it over with.

imo Online is very convenient and you won't have a problem with wrong payment or them not receiving your packet.

As long you meet the physical presence and continuous residence requirements, you can apply 90 days earlier for 3-yr marriage based N-400. If so, you'll be eligible on 8/3/2020 acc to early file calculator. IMPT thing is to NOT submit on the FIRST day of eligibility. Submit one or two days later. Good luck!

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