Help!!!, want to file N400 while I-751 removing conditions still pending

[trinh9394 0]

Hi VJ's, my I-751 has been pending for over a year now. I entered the United States on Feb 2009 thru a K-1 visa. My husband and I filed a joint I751 remove conditions on residency in Sep 2011 thru Vermont Office. We received an RFE in July 2012 and have responded accordingly. Still we wait for a reply. Since I have been in the states for 3 and a half years and am still married to my sponsor, I believe I am eligible to file for citizenship. On the documents required, it says to provide copy of both front and back of green card. The expiration date on my green card expired in Sep 2010. When we filed for I-751, residency was automatically extended for one year. As well in Sep 2012, my husband and I went to local office to get a I-551 stamp on passport to keep in status while we wait for I-751 decision. So my question is do I still provide copy of greencard even though the date has expired? DO I also provide copy of I-551 stamp in passport to show I am a legal resident? Any help or advice from folks that have been down this same road is much appreciated.

[trinh9394 0]

Sorry, I made a mistake in above post, the Expiration date on my green card is Sep 2011 not Sep 2010.

[KazuriSana 324]

Yes, provide copies of the GC irrespective of expiry date. Also provide copies of the stamps on passport, as well as any NOAs for the I751

[VanessaTony 3,567]

Length of time in the US isn't what matters (aside from needing to be here a certain amount of time), it's based on 3 years of being an LPR. You have been an LPR for 3 years now (LPR since date must be Sept 2009 given your expiry date).

Submit a copy of the front and back of your card. I don't think the stamp would be necessary because THEY know your status is legal but it won't hurt to include it.

Best of luck and start studying for the civics test!

[trinh9394 0]

Thanks for all the help and replies

[trinh9394 0]

Length of time in the US isn't what matters (aside from needing to be here a certain amount of time), it's based on 3 years of being an LPR. You have been an LPR for 3 years now (LPR since date must be Sept 2009 given your expiry date).

Submit a copy of the front and back of your card. I don't think the stamp would be necessary because THEY know your status is legal but it won't hurt to include it.

Best of luck and start studying for the civics test!

Sorry if I seem uninformed but what does LPR stand for?

[Karee 4,190]

Sorry if I seem uninformed but what does LPR stand for?

LPR = Legal Permanent Resident.

[sib 7]

Filing for citizenship will get the ROC moving! They need to adjudicate the ROC before you can become a citizen!

This happened to me in 2006. I filed for ROC in 2003! and at that time things were moving much slower.

We got an interview notice for the ROC and when we were at the office after the officer approved ROC I was asked whether I was ready for the citizenship interview, too. I was told from others before that this could happen so I was prepared and I also got same day oath!

So just be ready for everything.

Wishing you luck and I speedy journey!

Sib

[Wilerao59 10]

It's VERY unusual for I-751 (Removing the condition on temporary legal status) to take a year now-a-days. It used to take even 2 years 2-3 years ago but not lately. My wife's I-751, which she filed last year in June, got approved January of this year which was within 7 months and also in the same service center that you have, Vermont one. But I do understand that if a RFE (Request for Evidence) is issued then processing could delay without a doubt, yet still it shouldn't be this late.

Anyway, you SHOULD file for naturalization (N-400) if you are eligible for it which would force USCIS to adjudicate both applications (I-751 and N-400) on the same day, first would be I-751 and then a few minutes later N-400. It's a matter of policy with USCIS to adjudicate both applications on the same day if one has a pending I-751 but s/he is eligible for N-400 as well. So go ahead and file N-400. Just be sure to be eligible for N-400. Are you in the marriage with a US Citizen for 3 years? Are you a LPR (Legal Permanent Resident) for the last 3 years? Are you living at your place of residence for least 3 months? If answer to these questions is- yes then you are eligible to file N-400. Keep it in mind that you can minus 3 months out of 3 years to file your application, which means you have to be a LPR and being married to a US Citizen only for 2 years and 9 months to file N-400.

[NickD 202]

We had the same problem with excessive delays in I-751 processing, we filed the N-400 on the earliest possible date due to this frustration. And yest, an extra long 450 drive, a day off from work to get that I-551 stamp in her foreign passport that was proceeded by yet another long drive to Chicago to renew her about to expire foreign passport. Then I didn't know about bring in two passport photos and getting an I-94.

With our N-400 for the green card, enclosed a copy of her expired conditional card, a copy of her soon to expire one year extension notice, and a copy of her I-551 stamp in her foreign passport. Still up to you to keep yourself here legally.

Whether this made a difference or not applying for the N-400, we finally received her ten year card within less than a week before her interview. That she could bring in with her at her interview, only to surrender it a few weeks later at her oath ceremony. Ha, after all that hassle, she didn't want to give it up.

Still get on the ROC section of this board from time to time, still having long delays in I-751 processing.

ROC to me seems like a bad joke, if our marriage didn't work out, yes it would be a hardship for her to return to her home country after she moved here and quit her job. If not that, could ask me a question, if I didn't answer instantly, could claim ignoring her that is now considered a form of abuse. Only applies to couples married less than two years. Did not exist in 1986, but due to immigration reform back then, marriage was about the only way to bring a person here and was certainly abused by many. But besides making the AOS process a lot more difficult, in our case, took over a here before I could bring my wife here, in 1988 came up with the I-751 to make it even a lot more difficult to stay here.

Then we had a year trying to explain what the hell this one year extension was, especially to other governmental agencies. All they understood was an expired green card. Then you have to carry both that expired green card and that very valuable one year extension notice. And later on, your passport with the I-551 stamp in it.

Further complicated by Emilio shifting I-751's between the four service centers, further complicated by we were constantly being shifted between the St. Paul and Milwaukee field office, couldn't make up their minds. Glad all this is over, finally. Good luck.

[Steve D. 22]

As long as you qualify, by all means DO IT.

Mine 751 was over a year, I had to get 551 stamped, get hold of my congressman and they basically just ignored my 751 after my N400 is approved.

Don't let them pull you around, you gotta push!

[VanessaTony 3,567]

It's VERY unusual for I-751 (Removing the condition on temporary legal status) to take a year now-a-days.

Not it's not. CSC is taking 7+ months, VSC is taking 9+ months. Some people at CSC in my April group are still waiting (I was just approved start of Nov) and are putting in service requests. Most VSC filers know that they will enter the N-400 window before they get ROC approval and to just file N-400 anyway (if that is their choice)