da95826

You may want to provide new evidence of your bonafide marriage including the latest joint tax transcripts generated since you filed the i751. Maybe the last year or so of shared bank record, since your i751 was filed, new purchases, any new children in the relationship, additional travel together... Add anything new that may be helpful to i751 and n400 cases, both require proof that you and your spouse are together as a married couple over the past 3 years or so. In our case our interview was 2 years after filing our i751 and one year after filing our n400 so there was plenty of additional good faith evidence to add to our case.

i751 the green card holder is the petitioner, the US based spouse is only the spouse in a joint i751 application. Note you petition for your spouse on the i130 or i129f visa applications only, all the rest your immigrant spouse petition for i485, i751, n400, green card, work permit and advance parole applications.

1) Most likely yes you will have a combo interview, we did for our case and no they did not indicate on the n400 invitation it was a combo interview so you can not tell for sure whether or not it was a combo interview. 2) Yes, bring your spouse and updated evidence of a bona fide marriage. Be prepared to do both an i751 and n400 interview 3) You should bring what they are asking for. USCIS prefers a US birth certificate or naturalization certificate. You need to prove that your spouse is a US citizen for 3 years or more and a US passport doesn't really do that.

Your case is much like our case check out my signature for our timeline. Case Transferred is common after filing an n400 with a pending i751. USCIS sends i751 to the NBC in a cue for an interview appointment to open up at local USCIS field office. Yes it is likely to get a combo interview at the same appointment but other outcomes are possible (small chance they may approve the i 751 with no interview or have a separate i751 interview). No, your n400 is unlikely to be denied due to the i751 pending but they will not approve the n400 with a pending i751. Our interview notice for the n400 did not indicate it was a combo i751 n400 interview. I would urge you to be prepared for the combo interview at the n400 appointment and bring your spouse and any additional marriage proof to the interview.

Yes none of these documents are needed for the i751 removal of conditions filing. I urge you to go to the USCIS site with all the info needed to file an i751 application including the current i751 form, current fee needed, the address to send your spouse's application to, and much more needed information file an i751 successfully. https://www.uscis.gov/i-751 With an i751 filing you need to show you have been in a bonafide marriage with your spouse since you got married. 1) You need to show you and your spouse live together throughout your marriage Provide a lease or leases with each of you being listed on the lease or mortgage Provide copies of state issued IDs with common home address (driver's license or state issue ID) Provide some mail showing each receive mail at same address (provide mail address to both of you at common home address) If needed get an affidavit from landlord that you both live together at your home. 2) You need to show that you and your spouse share finances that you support one another financially File joint tax returns each year (obtain IRS tax transcripts for each year married and submit with i751) Provide copies of bank statements from joint accounts showing shared income and shared spending throughout marriage Provide joint bill statements over marriage (Utilities, phone, internet,) Joint insurance statements (car, health, life) 401k or insurance beneficiary 3) Show you do thing together as a marriage couple Have children, provide any birth record of children together Photos together at family event or on holiday together Proof of travel together Buying large ticket items together like a home or car. There a long list of good faith proof of your marriage you can provide, @Crazy Cat provided a link to a good web site from visajourney.

I would wait to file until a week or so before the expiration date on the green card and collect as much updated evidence as you have at the time. I would propose you send i751 around November 10th 9 days before expiration that should give you time to update your proof at your new address. If you are buying a home together that would be strong proof of a bona fide marriage. Submit all evidence from the old address (current IDs) and as much of the new address proof as you have collected at the time of submission (New IDs if you can get them). Send the i751 overnight UPS or fedex to the correct address for your address filing from. Check https://www.uscis.gov/i-751-direct-filing-addresses Check you are using the current i751 form Check that petitioner has signed (green card holder) and the USA based spouse has signed the spouse section Enclose the correct fee, i751 and biometrics fee together in one check or money order $680 Follow the filing instructions at https://www.uscis.gov/i-751

Don't worry about that, just indicate you just moved in the cover letter. Give them a timeline of your address during the marriage; you can update them with additional evidence if you get an interview. You can provide the new lease or mortgage along with updated utility and other info you have on hand. Submit the all current stuff and as much of the new stuff as you have at the time of filing. I fear the USCIS and the post office misdirecting your notices more than not having all the latest evidence submitted.

The 3 year rule only goes back 3 years so any stay over 180 days or if the excessive time outside of the USA that brings you over 50% of the time outside the USA more than 3 years ago will not be counted against you. However the extra scrutiny of the validity of your marriages may be a factor in waiting a year or two to file under the 5 year rule.

Not true, it does not matter how someone gets a green card. You can use the 3 year rule if you are married to and living with a US spouse for 3 years; employment based, and all family based green cards are all good to use the 3 year rule if it applies.

You would have to wait until 90 days before the 3rd anniversary of your second marriage to file the n400 under the 3 year rule. Be prepared to show you are living with your spouse for 3 years with joint tax return, latest marriage certificate, divorce documents, first marriage certificate, proof of your spouse's US citizenship all the way back to the start of your immgration process, joint tax transcript for past 3 years, joint bills and savings. Sometime in 2023 it looks like you could file under the 3 year rule but USCIS will be looking at the case closely given the unusual circumstances.

You will most likely have a combo i751 and n400 interview, and no they don't notify you it is a combo interview our was just n400 invitation no mention of our i751. It is possible it will just be a n400 interview but a combo interview is most likely to occur so be prepared by bringing your spouse and updated bona fide marriage proof to the interview.

Yes you should file, you have had your green card for more than 5 years so you can apply for either under the 5 year or 3 year rule (still living if with a USA spouse for 3 years). You will be good to file if you have not been out of the USA for 180 days or more on any one trip and have been in the USA for more than 50% of the time in the last 5 or 3 years. You must be living at your address you use to file an n400 for 90 days or more when you file. If you meet the requirements above you can file for naturalization. The 5 year rule for n400 is easier to file because you don’t need to prove you live with your US spouse for the past 3 years.

You must be legally married and living with your spouse for the past 3 years if not currently legally married to a US citizen the 5 year rule is the only option for you.

In our case we got an interview with 9 or 10 months estimated for the n400 compilation. So not too accurate in our case, much earlier than expected; every case is different.

Your local USCIS field office and no other field office will process your case. I believe all n400 go to the National Benefit Center to be processed until the local USCIS is ready to schedule an interview. Estimated processing time for each USCIS Field office is available at this link. https://egov.uscis.gov/processing-times/ Also on the online account for the n400 there is an estimated time of completion there (not accurate however)

Preserve the evidence to file an n600, you need to prove that the minors had a valid green card and in the custody of the USA citizen parent in the USA. Keep evidence like parent naturalization certificate, birth records, marriage certificate, minor's green card, minor’s school record, immgration records, any evidence of the minor residing with and in the custody of the US parent in the USA. Easiest to provide this evidence now but may be more difficult to prove years from now when minors may need it a decade or two later. With the needed proof the green card minor becomes a US citizen by function of law as long as you can prove all the conditions have been satisfied when you need to. The US state department issues passports but does not have final word whether or not a person is a US citizen. If there is any question about citizenship they can and will pull the passport. If you get a certificate of citizenship you have proof positive of citizenship. It may be a lot of money to file an n600 but given they are minors and may need it in their life I think it is worth it to finalize their citizenship legally.

The passport is issued by the US State Department, they do not have the final word on whether or not someone is a USA citizen, USCIS does. Also if you need to prove citizenship over time the naturalization certificate shows citizenship longer than the start date on a passport. For some things someone may apply for like getting security clearance or some immgration petitions a naturalization certificate is required. It is almost like getting a birth certificate you may not need it often but when you need it you gotta have it.

Your start date for the green card is either 1) if you process your green card at an embassy (came on a CR1 visa) then it is the date you enter the USA, it may be on the 551 stamp in your passport. Or 2) if you adjusted your status in the USA it would be the date the i485 was approved. Use the date on the i485 approval notice. Calculate less than 90 days from the 2 year anniversary of the start date whichever date applies to your case. You can wait a week or two to be safe.

Yes send a letter to USCIS office address on your recept notice to convert your joint i751 to a divorce case. I think I would send the letter after you file for a divorce and include some proof that the divorce has been filed. Maybe provide an estimated time you expect the divorce will be completed as part of your letter. You will receive an RFE for a divorce decree and you want to have the decree in hand by the time the RFE is issued. So don’t send the letter too soon, maybe around the same date the divorce is filed.

This is a common occurrence after filing an n400 while i751 is pending. Most likely it means you will get a combo interview, a joint i751 and n400 interview at the same appointment at the USCIS field office. .USCIS sends i751 applications to the NBC in a cue before an appointment can be scheduled at the local field office.

You are a conditional legal permanent resident, you are REQUIRED to file to remove the conditions on your LPR. You are not renewing a green card, you are removing the conditions on your green card. If you do not file an i751 within 90 days of the second anniversary of the start of the LPR (the date AOS was approved or the date you enter the USA on a CR1 visa) you will lose your LPR status eventually. File the i751 even if you don’t have the physical green card do not delay. If you don't have the replacement green card in hand I would submit a copy of your i90 receipt notice assuming you file for your replacement green card, a copy of your AOS approval (if you got GC in the USA) or a copy of your CRI visa with proof of your entry date (if you got green card when entering USA). Explain the situation in your cover letter when you file your i751.

So your spouse should have filed 2019 taxes as a married person, hopefully a joint tax return but even married filed separately tax return would have been needed. Because you were in fact married in 2019. You can file 1040x to amend your tax return if needed to make the 2019 tax return joint as a married couple.

Not totally true a child will likely need a certificate of naturalization at some point in life when applying for certain jobs and immgration benefits for family in the future. It is much easier to file an n600 now than years later when the proof needed is easily available to show the children quality citizenship.

Unlikely No extention paper work needed Just submit your TAX transcripts when available either upload to your n400 application online or bring them to your interview.

USCIS will not care if she has an expired passport, with regards to the i751. They are just looking at bona fide marriage proof.