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No, if the 24 month extension letter is still valid expect no issue. Expired green card plus valid extension letter together equals okay to travel back to the USA and enter the USA. Avoid finding yourself outside the USA with an expired extension letter. The extension letter extends the expiration date on the green card so calculate the extension period from that date to determine the expiration date of the extension letter.

The ROC was approved that good thing. Congratulations, you had a good case with strong evidence and no red flags, good job. Just need to prepare for the n400, if under the 3 year rule just be prepared to submit updated evidence that you live with your spouse and are still married. You will need proof that your spouse is a USA citizen for the past 3 years or more.

For him to become a citizen the son has a separate process. The 12 year old will automatically become a citizen if he has a green card and is living with and in the custody of his USA citizen parent. If he meets the requirements you would file an n600 for his certificate of naturalization.

You should go to the interview, even if you and your spouse are separated and divorcing then you should withdraw the n400 and if it is a combo i751/n400 interview then convert your i751 case to an divorce waiver case and/or an abuse waiver case if applicable at the interview. You can submit a letter to the USCIS officer to request withdrawal of the n400 and a letter to convert your i751 to a waiver case. I would strongly advise you to get legal help navigating this complex immgration case. Bring proof for your i751 case to support bona fide marriage, you filed for a divorce, and/or evidence of abuse (if needed). Be prepared to do your i751 interview. You will get a request for evidence for a divorce decree if you convert your i751 case to divorce waiver case.

Your LPR status does not expire, only proof of your LPR status expires. You remain an LPR only an immgration judge can terminate your LPR status. So you will not be "out of status" even after your extension letter expires and you only need proof of your LPR status for travel out of the USA, getting a new job, or renewing a driver's license if you are not doing any of those things you don’t need to do anything. As long as you have a pending ROC you will never be out of LPR status.

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage. Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization. https://2009-2017.state.gov/documents/organization/79520.pdf SECTION 319(B) OF THE IMMIGRATION AND NATIONALITY ACT ALLOWS CERTAIN SPOUSES OF UNITED STATES CITIZENS REGULARLY STATIONED ABROAD TO NATURALIZE WITHOUT ANY REQUIRED PERIOD OF PERMANENT RESIDENCE, PROVIDED THAT THEY WILL BE RESIDING ABROAD WITH THEIR U.S. CITIZEN SPOUSE AFTER NATURALIZATION. AN APPLICANT MUST DECLARE IN GOOD FAITH AN INTENTION TO RESIDE PERMANENTLY IN THE UNITED STATES WHEN THE SPOUSE’S EMPLOYMENT TERMINATES WHAT REQUIREMENTS MUST I MEET FOR NATURALIZATION UNDER SECTION 319(B)? 1. You must be married to a U.S. citizen and living together in a valid marital union; and 2. The U.S. citizen must be “regularly stationed abroad” in the employment of: • The U.S. government; or • An American institution of research recognized as such by the Attorney General; or • An American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the U.S., or a subsidiary thereof; or • A Public International Organization in which the U.S. participates by treaty. Per Title 8 of the Code of Federal Regulations, Part 319.5, these organizations are: The North Atlantic Treaty Organization and The UN and all agencies and organizations which are a part thereof; or • Is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the U.S. or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the U.S.; and 3. You must be a lawful permanent resident at the time of your interview; and 4. You comply with all applicable naturalization requirements (http://uscis.gov/graphics/services/natz/require.htm) of Sections 316 & 319 of the Immigration and Nationality Act (http://uscis.gov/graphics/lawsregs/ins.htm) and Parts 316 and 319.2 of Title 8 of the Code of Federal Regulations (http://uscis.gov/graphics/lawsregs/8cfr.htm) except that no particular period of lawful permanent residence is required.. 5. YOUR USC SPOUSE MUST HAVE AT LEAST 1 YEAR REMAINING ON HIS OR HER OVERSEAS DUTY AT THE TIME OF YOUR NATURALIZATION; AND 6. You must show evidence that you will join your spouse overseas within 45 days of your naturalization. 7. You must be physically present in the United States at time of naturalization. 8. You must declare in good faith an intention to reside permanently in the United States when your spouse’s employment abroad terminates. WHERE CAN THE INTERVIEW AND NATURALIZATION TAKE PLACE? As an applicant for naturalization under Section 319(b) you may be interviewed and naturalized at the USCIS office of your choice in the United States, including Guam, Puerto Rico, and the Virgin Islands of the United States. Note, though, that you are required to have a U.S.

Not true, minor children born before a parent becoming USA citizen can only become USA citizen automatically if they come to the USA with a green card and live with USA citizen parent. At this point if they are not already LPR you will need to file an i-130 for each, get them to the USA, get the green card and then you can file the n600.

It will likely be a combo interview doing the i751 and n400 at the same appointment. Be prepared for the i751 interview and bring your spouse and updated bona fide marriage proof. There is a chance it will be just the n400 interview but I don't think that is likely. Your i751 must be approved before your n400 can be approved. We had a combo interview back in may.

Wait for a few days after your filing opens to file your n400 maybe 83 days before the 3rd anniversary of your green card issue date. If you file even one day too early you n400 will be denied. Under the three year rule you will need to provide evidence that you live with your USA spouse for all three years. Joint IRS tax transcripts for all three years Proof your spouse is and has been a US citizen for more the 3 years (USA birth certificate or naturalization certificate) Some possible additional evidence to submit with n400 to prove cohabitation together with spouse for all 3 years... State IDs with common address from each of you Joint bills Joint Bank statements Joint insurance Proof of travel together photos together

Did you update USCIS on your address? Your interview(s) will be at your current local USCIS field office based on your updated address (did you file an AR-11 when you moved, if not do so). Our timeline for our i751/n400 applications are listed in my signature below.

https://egov.uscis.gov/processing-times/

You can see our timeline in my signature below, you do not have a removal of conditions so that may speed up your application, ours took a year from n400 filing to interview. Your timeline will mostly be dependent on your local USCIS office; some offices may schedule you in a few months, others may take the better part of 18 months or more. Check for processing times for n400 Santa Anna USCIS office https://egov.uscis.gov/processing-times/ You can file an n400 90 days or less from the 3rd anniversary of the start date on your green card if you qualify. Some time May 2023 or later. To be eligible 3 year rule Have your green card for 3 years Married to and live with your USA citizen spouse for all three years (bonafide marriage) Need to be in the USA more than 50% of the time 18 months plus one day or more over the 3 years before the n400 application No stay outside of the more than 180 days (6 months) Live at the USA address for 90 days before applying for your n400.

I think you will spend more time and money trying to revive the old i751 case. Best to start over with a new i-130 application and get your 10 year green card that way.

Congratulations over the next few days you will likely see approval notices come out of USCIS on both the i751 and n400.

The best way to calculate this is to start counting the days accrued in the USA after the point they last returned to the USA after being out of the USA for more than 180 days. So count 30 months after the return date of that last trip of more than 180 days then they could apply for the n400 then.

To be clear your spouse is a US citizen for the last 3 years and not a LPR as well. As long as you have been together with a US citizen spouse for the last 3 years then you can apply under the 3 year rule.

No need for i751 in your case. You never had conditions on your green card. You simply file for n400 when you are eligible. Eligibility for Naturalization: Stayed in the USA for more than 50% of the time during the last 3 years more than 18 months total. Under a 3 year rule. Stayed in the USA for more than 50% of the time during the last 5 years more than 30 months total. Under a 5 year rule. Not been out of the USA for more than 180 days at any one time Your spouse has been a citizen for 3 years or more along with the petitioner having a green card for 3 years both must be true to be eligible under the 3 year rule. You must have lived at your home address for more than 90 days before you file an n400 application.

Order a new certified copy of the spouse's birth certificate. The IO may want to see the original, if you don’t have it it may delay your case. The interview invitation says to bring the original document of the copies of documents that were submitted. It should be simple to apply for a new certified copy of his birth certificate from the local or state office that issues them.

It appears that your husband did not do a combo interview (a joint n400 & i751 interview) since it appears that you did not attend; an i751 interview requires both the petitioner and the spouse to attend. If they have not adjudicated the i751 it will need to be approved before the n400 can be approved. In our case we the petitioner and spouse both attended the interview together which was a joint i751/n400 interview. In our case it took USCIS 3 weeks to approve both the i751 and n400 after our combo interview. In your case the i751 may be approved without an interview in weeks or months or you will need to wait for an i751 interview to be scheduled at the same field office.

We had largely the same situation as you with a n400 interview scheduled in May with a pending i751 and it turned out to be a combo interview. Be prepared for the combo i751 n400 interview by bringing your spouse and updated proof. That is the most likely thing that will happen, I think there is a small chance USCIS will not be ready to do the i751 but that is unlikely given how often this occurs. We both had no issue be admitted to the field office interview together with just the n400 invitation letter. Good luck

We would need to go to court if we wanted to change it

The Sacramento Field office refused to do a name change for us, they indicated they do not provide that service.

Most likely yes, back in Mid may in Sacramento I was allowed to enter and stay with my spouse throughout both the i751 and n400 combo interview. If it is a combo interview you must be there, if Covid allows you will be admitted to attend the interview. I did not expect to be allowed to attend the n400 interview but I was allowed to stay, we started with the i751 then moved to the n400 part.

Since she apparently got her green card sponsored by her ex spouse she got a divorce from so now she can not sponsor a new spouse for a green card until 5 years have passed from getting her original green card through her ex spouse.

It took the USCIS Sacramento field office 3 weeks to make a decision in our i751/n400 case.