timing of naturalization vs.

[maya62 7]

Sorry, this is slightly complicated.

We have filed for Removal of Conditions as of early Nov 08. We are expecting 10 year greencards for my husband and son, if all goes smoothly (knock wood), near the end of this year 2009. Our son will turn 14 soon afterward, in Feb 2010. It is my understanding that, if we were not planning to pursue Naturalization, he would have to reapply for a second 10 year greencard immediately after the first one is issued, because of the 14 year old birthday requirement.

But we are planning on pursuing naturalization, for which the 90 day window opens in August of this year, if I understand correctly (at that point, they will be 90 days from the 3rd anniversary of the issuance of their LPR status in Nov 06).

My question is this:

If we have our naturalization application (for my husband) ready to go on the first possible date in early August, is it possible or even likely that he will be naturalized (and therefore our son will be too) before we have to apply for that second 10 year greencard for our son?

I've looked at the timelines for the Wash DC local office and it looks like it can take anywhere from 2 to 7 months to get from app to oath. One couple had their oath on the same day as their interview, which was only 2 months after they filed! How'd they swing that???

Thanks for any light anyone can shed on this...

Maya

[Dimples876 0]

I was suppose to replace my green card when I was 15 and I didn't. But back then my green card did not have a exp. date either.

I would call USCIS and ask that question.

[motu 5]

One of the things your husband can do is to ask for oath ceremony the same day (ask the interviewing officer). Sometimes they can accommodate you. I was offered same day oath ceremony but I was in no hurry for citizenship (or passport) and told the interviewer to give the spot to someone else as I know many people want to get their passport or want to sponsor their relatives immediately (I didn't have any such needs). They had empty spots because some people had canceled their appointments (this was in Denver). Good Luck

[maya62 7]

Thanks very much for the replies, Dimples and Motu!

Is it at all realistic to think that, if my husband has his N-400 ready to go on Aug 8 (the earliest he can apply), he might get his oath before Feb 1 (our son's 14th birthday)?

And our son becomes a citizen the moment his dad does, right?

Thanks again!

Maya

[NickD 202]

My step daughter just turned 14 when she came here and was treated as a separate entity by the USCIS so I am not familiar what would have happened if she was, say 13. Forms were identical, except that I didn't have to prove I was married to her, and so were the fees. But yet, she received a conditional card like her mother, not even sure what would have happened to her if we couldn't meet the I-751 requirements, but did meet them, but she could tailgate on her mothers' application only costing us 80 bucks more. Not so with the N-400, she did a stupid mistake by turning 18 right before we could send in the application. We were married for over four years, but couldn't apply earier due to USCIS processing delays, gosh if they were only a couple of months quicker. So she was to wait the full five years and like when she first came here, is independent of her mother again.

I don't know who makes these laws nor the reason for them, in some cases, children are considered a valid part of the marriage, other times they are not, it's the law I am told.. And you have to know the law.

Can't say I would depend on calling the USCIS for an answer, can and have gotten to different opposing answers for the same quesition. This was too important to me so did research on a qualiifield highly recommended immigration attorney, signed a flat rate contract and discussed the liability he assumes if things go wrong. If it ever does go to court that you definitely want to prevent, so much better to have a piece of paper with proof than to say was told that in a unverified phone call with the somebody from the USCIS or you heard that on VJ. Just my opinion on this subject, also experience.

[maya62 7]

Thanks for your reply, Nick. Wow, sounds like an ordeal. Timing is everything with the kids, eh? We are lucky my stepson was only 9 when we started the process. He has been able to ride his dad's coat-tails the whole way thus far, although I think we had to do a separate AOS app/fee for him if my memory serves me (usually not). The 14 year old/10 year greencard thing is a pain, but not nearly as much of a nail-biter as if he were about to turn 18. I do feel for you.

I think basically we have nothing to lose by applying for Citizenship at the earliest possible date and hoping it goes through before he turns 14. I'm not above making an Infopass appt to discuss the 14yo thing with them (and hope that it might help move things along, especially if the I-751 has to be processed before the N-400 can be processed).

And if we have to apply for a second 10 year greencard for him within weeks of getting his first 10 year greencard (grrrr), and while we are awaiting approval on his father's N-400 (double grrrr), so be it.

I do plan on applying for passports for both of them the minute my husband gets naturalized so we are done with all this. Maybe even a certificate of citizenship for our son...

Thanks again for the feedback, Nick.

Best wishes finishing up with your stepdaughter, if you are still working on it.

Maya