sqtb

Has anyone tried this out yet? It seems promising?

"Permanent Resident in continuous residence for 3 years minus 90 days"

The permanent resident is cut and dry, starts from the day your green card is issued to either your marriage 3rd anniversary or 5th without the marriage privilege.

Continuous residence is not quite so cut and dry and refers more to physical presence, not only the physical time spent in the USA with LPR status, but the time you spent with your USC spouse using the marriage privilege, and the time you spent in the field office area where you are applying from, that has to be at least 3 months.

The latter can be caused by simply moving across the street if that puts you into a different field office district. Meeting the physical presence requirement with your spouse leads to many questions, for example if your job takes you away from home during the work week, or you are going to school. But in USCIS terms, boils down to sharing your finances together, same permanent address, joint ownership and bank accounts, life and health insurance, etc.

Physical presence in living in the USA also has it's loopholes, for example, you own two homes, one this country another in your home country, USCIS doesn't seem to mind as long as you are not working in your home country and paying taxes to this one. Other means are serving in the military or where your USC spouse has some kind of government or religious job. This is where the law becomes complex, I had no reason to dig deep into this as we just made a few trips abroad that was well under the six month questionable limit and not a single day went by where we couldn't spend just a few minutes together with a hectic life style we have in this country.

Length of being a LPR is cut and dry, written right on your permanent resident card. But continuous residence has to be shown, and for some people, that can be a major problem.

I don't have any situations about moving, or not having spent time in the US, etc. I have been in the US the whole time since I got my GC, so that is not an issue.

My only question is, can I apply for N-400 after 3 years minus 90 days, even though I have not been a PR for 3 years?

My confusion arose because the Instructions and Guide imply that I must be a PR for 3 years, but they also say that I can apply 90 days before my continuous residence requirement is satisfied. Ideally, I can just wait until 3 years are up, but I'd like to apply earlier if possible.

From what people have said, it seems like I can apply after 3 years minus 90 days of being a PR. If anyone here has any other opinions, please let me know.

Thanks!

Agree with all the explanations on this thread...

I've just been approved at interview today using the 3 years minus 90 days. I waited a few days into the 90 days before applying as suggested by others here.

Awesome...thanks everyone for their explanations -- especially lucyrich for all the laws and regulations.

I will hit the 3 years minus 90 day mark next week -- so I will wait until the end of next week to send the application.

Thanks!

First you find the date of your green card, say it's 11/2/2006, your 3rd anniversary will be 11/2/2009, circle that day on your calendar. Using that day as day one, count back exactly 90 days, that is the day you can date and mail in your application, or even a day or two later. Our day landed on a Sunday, so mailed it in the following Monday, so we sent ours in in 89 days. No telling what kind of harda$$ will open and review your application, and attempting to send it in a day or two early can cost you weeks.

Yes it's good to file it between the 85th and 89th day as people have had the N-400 returned for being on the 90th day.

Another thing to remember is that 2 years and 9 months is not the same as 3 years minus 90 days. You need to count back as mentioned from that exact date of your PR status for marriage based...

Yes, I realize that 2 year and 9 months is not the same as 3 years minus 90 days. I was planning on sending it on 88th day.

However, like I mentioned above, to me it's not clear that I can send it at 3 years minus 90 days from the date on the Permanent Resident Card.

The Guide and the N-400 instructions both say that the 90 day allowance only applies to the "continuous residence" requirement. To quote the N-400 Instructions:

"...you may apply for naturalization up to 90 days before you meet the "continuous residence" requirement. You must meet all other requirements at the time that you file your application with USCIS."

But the "Time as Permanent Resident" requirement says that I must have my GC for 3 Years, and the Instructions imply that I must meet that requirement.

Has anyone here successfully applied for Naturalization at 3 years minus 90 days? I just don't want to get into trouble if they decide that I was wrong to send the N-400 application before 3 years.

Thanks!

As I understand, I can apply for Naturalization after 3 Years of being married to USC. However, I can also apply for Naturalization 90 days before the 3 Years (so at 2 Years and 9 Months).

I tried to find the exact meaning of this 90 Day allowance, but I'm a little confused. "A Guide to Naturalization" says this on Page 22:

"If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you

may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying

based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you

have been a Permanent Resident in continuous residence for 3 years minus 90 days."

I have underlined the relevant portions. There are two requirements in The Guide: the "Time as a Permanent Resident" requirement and the "Continuous Resident" requirement. From the underlined portion above, it seems that the 90 Day allowance only applies to the Continuous Resident requirement, and it does not apply to the Time as a Permanent Resident requirement.

So assuming that I meet all the other requirements, when can I actually apply starting from the date on my Permanent Resident Card?

Do I need to wait for 3 Years from the date on my Permanent Resident Card (to meet the Time as a Permanent Resident requirement)? Or can I apply after 2 Years and 9 Months from the date on my Permanent Resident Card?

I would appreciate if someone who has tried this 90 Day allowance could answer my questions?

Thanks!

Right, I understand that. But do I need to return both of them to USCIS? Or can I simply toss them in the trash? :-)

Sometimes the interview officer takes the I-94 or other times they don't. In any case once you have green card the I-94 is no longer needed. Not too sure about the EAD, but since the Green card replaces it, it too will no longer be needed.

My AOS was not approved immediately at the interview, so the I-94 and EAD were not taken. Now the AOS has been approved, so I'm wondering what I need to do with the I-94 and EAD?

Okay, so on this page:

http://www.ssa.gov/pubs/10002.html

they have a section on "What if my immigration status or citizenship changed?" which states that if your Citizenship status changes, you should inform SSA.

And then on this page:

http://www.ssa.gov/OP_Home/cfr20/422/422-0103.htm

they say what I quoted earlier -- about getting LPRs who become USC getting new card that will count towards the Card Replacement Limits.

Strange one, can you give us a link or quote the page on the SSA website?

I would assume an unrestricted card is an unrestricted card LPR or Citizen.

You may just visit the SSA office to clarify if the status change from LPR to Citizen needs to be entered into the SSA computer systems.

I could not find anything on the SSA website about that. Just when someone switches from EAD to LPR do they indicate a change needs to be done, from restricted to unrestricted card.

I was a LPR and have been a Naturalized USC for several years now. I was looking at ssa.gov website to see how to apply for a SSN for my spouse. Under the "(3) Restrictive legend change defined" section, they say:

"An SSN card request based upon a change in immigration status or citizenship which does not affect the restrictive legend will count toward the yearly and lifetime limits, as in the case of Permanent Resident Aliens who attain U.S. citizenship."

Does this mean that a LPR who Naturalizes to USC needs to contact the SSA to get their information updated? I never did that because I never realized I had to do such a thing...!

Yes...I agree with you. It's a bummer for K-3 folks like us. Had I known that K-1 would go so much faster and easier, I would have done that instead of K-3.

My I-485 and I-765 NOA1 was on Sep 1. Had my Biometrics on Sep 25. Since then, neither I-765 nor I-485 applications have been touched.

How long has it been taking for others to have their I-485 transferred to CSC or District Office?

As an aside, I notice that the K-1 folks get approved a LOT quicker -- both for the visa and for AOS. Anyone wanna comment?

Thanks!

Anyone...??

Mine was touched 2 months after my approval too. I don't know what it means. Does anyone?

My I-130 was approved in April. Wife entered the US on a K-3. Applied for AOS. Biometrics done.

I noticed that my I-130 was touched today! And I'm quite confused how / why that would happen. Once it's approved it should be done-deal, no? Has anyone else's I-130 been touched after approval, and after filing AOS?

So how will NVC know that they need to send the file back to USCIS?

I'm pretty sure I've read somewhere on this forum that we need to send a letter to NVC if we're not going ahead with CR-1...

Just get all your docs ready and apply for the AOS, no need to send in a separate letter.

I was going along with both K-3 and CR-1. My wife got her K-3 and is now in the US. I have decided to apply for AOS and not go with CR-1.

I understand that I am supposed to send a letter to the NVC stating that I will be doing AOS instead.

Questions:

1. What exactly am I supposed to say in this letter?

2. Is this letter supposed to be written / signed by me (Petitioner) or wife (Beneficiary)?

Thanks!

When I got the I-797 Approval Notice for my wife's K-3 Visa, it had her A-number printed above her name. Is this really her Alien Number? Even though she is not a Permanent Resident yet? Can I use this A-number on subsequent I-485 / I-765 applications?

Does anyone else have this on their NOA2?

Thanks!

Anyone got any ideas...?

I'm not sure if this is the right forum, but here's my situation: My address changed after the I-130 and I-129F (K-3) had both been approved (so I have no pending applications with USCIS -- correct?). My wife has already entered on her K-3, but we have not filed AOS yet. We put the new address on the I-94, and will put the new address on the I-485 / I-765.

Question 1: Does she need to send a AR-11? The I-130 and I-129F both had the old address, but since they are already approved, I don't think they are considered "pending". In which case I don't think we need to send AR-11. Thoughts?

Question 2: I already sent the I-864 to the NVC (as I was going along the CR-1 path also while waiting for the K-3). However, since my wife does not have her CR-1 yet, do I need to send in I-865?

Thanks!

My wife who entered the US on a K-3 will soon be applying for AOS. Do we need to also attach a copy of our Marriage Certificate? I don't see why, since our I-130 has already been approved. And the I-485 only asks for it for K-1 people, not for K-3.

Has anyone else here who applied for AOS with a K-3 needed the Marriage Certificate (at the interview, or got a RFE, etc.)?

Thanks!

ah, I see. But as far as I know, NVC will send my file back to USCIS once I tell NVC that I am applying for AOS. If that is the case, then USCIS will get my I-864, no?

Thanks!

sqtb,

The instructions for I-485 tell you to include an I-864 from the sponsor. Believe it. The DoS having an I-864 from you for a visa that you're not going to apply for does the USCIS no good when they process your I-485.

The instructions for I-485 do not tell you to send any fee with the I-864, nor do the instructions for the I-864 itself. (Because the USCIS does not charge a fee for processing I-864.)

Yodrak

I sent the I-864 to the NVC as part of CR-1 processing. In the meantime, my wife got her K-3 and will be in the US shortly. So now I will be applying for AOS.

My question is: Do I need to send another I-864 along with the I-485 Packet, and include the fees for it again? Or, can I simply say that I have already sent it to the NVC? (I could include a copy of the form I sent to the NVC, since I have one.)

Thanks!

My spouse will soon enter the US on a K-3. What is the best way to apply for EAD?

1. Before applying for AOS -- Category (a)(9) (mail to Chicago Lockbox)

2. Concurrent with AOS -- Category ©(9) (mail to...?)

3. After AOS Application sent and Receipt received -- Category ©(9) (E-File)

Does one process take a longer or shorter amount of time than the other (because of the different Categories)? Is E-Filing (Option 3) any faster than the other options?

Thanks!

Can someone fill me in on how their spouse's POE experience was? My wife should be coming to the US soon, and I just want to know what she should expect.

Specific questions I have are:

1. What is supposed to happen with the Packet that the Embassy gave her?

2. What about her Medical Reports, X-Rays, etc.? Do they always ask for those at POE?

Any other info would be appreciated. Thanks!

My spouse will soon enter the US on a K-3. What is the best way to apply for EAD?

1. Before applying for AOS -- Category (a)(9) (mail to Chicago Lockbox)

2. Concurrent with AOS -- Category ©(9) (mail to...?)

3. After AOS Application sent and Receipt received -- Category ©(9) (E-File)

Does one process take a longer or shorter amount of time than the other (because of the different Categories)? Is E-Filing (Option 3) any faster than the other options?

Thanks!

ah...but my CR-1 interview isn't scheduled yet. I'm hanging on the DS-230 and haven't sent it to NVC yet, because I guess that once they do Case Complete and send the file to Embassy, then it might be too late to file for AOS. (Everything else is already done at NVC, only DS-230 left.)

Can you tell me who this member is? Or can the member please message me! :-)

Thanks!

This will be interesting as I can think of one member who is doing exactly that....CR-1 interview scheduled but adjusting status in the US from a K-3 instead.