Do I go n400 or i-751?

[bradcanuck 1]

I am currently a conditional permanent resident. I became one on (green card issued) january 11th, 2008. I was informed that I could mail in my condition removal as soon as november 11th 2009. (90 days)

I would like to become a citizen. I have been married to my wife for 3 years as of January 4th, 2010. Do I qualify to apply for citizenship in lieu of a condition removal? What is the best route for me to take?

Thank you kindly.

Edited June 22, 2009 by bradcanuck

[milimelo 4,548]

If you have a two-year "conditional" card then yes, you first have to go through the removal of conditions process.

After your ROC is approved, you can apply for citizenship when you have been a PR for 3 years minus 90 days. For that, you may want to read up on the naturalization manual.

[bradcanuck 1]

If you have a two-year "conditional" card then yes, you first have to go through the removal of conditions process.

After your ROC is approved, you can apply for citizenship when you have been a PR for 3 years minus 90 days. For that, you may want to read up on the naturalization manual.

Thank you, I needed a plain English clarification on the process and you confirmed what I had read and understood (in unclear USCIS documentation)

I appreciate your help.

[J&D 0]

milimelo is correct and you must go through the ROC process. However, the following statement is not correct "After your ROC is approved, you can apply for citizenship when you have been a PR for 3 years minus 90 days." in that you can apply for citizenship when you have been a PR for 3 years minus 90 days, but it matters little if your ROC has been approved or not. Even if the I-751 is still pending, once you have been a legal PR for 3 years minus 90 days, assuming the application is based on marriage to a US citizen (as it is in this case) and you meet the continuous residency requirements, you can send in your N-400.

[antda 13]

Hi Bradcanuck,

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years (which for your case would be January 2011)

-Been married to the same USC for 3 years (which for your case would be January 2010)

-Been residing physically in the USA for 3 years (which for your case would be the earliest January 2011, assuming that you don't have any long absences of residency outside of the USA for a very long period of time)

In your case:

You should apply for the Removal of Conditions, 90 days before your 2yr green card expires/2 years after the "residence since" date on the card. (sometime in October 2009 to January 2010 for you)

After that file for US Citizenship, 90 days before 3 years after the "residence since" date on the card. (sometime in October 2010 to January 2011 for you)

For example, in my situation:

I was married in April 2006...and yes, we have been married for 3 years+...but I have not met the other conditions for citizenship

I have been a permanent resident since November 2006.....and it is then that I reach permanent residency for 3 years....

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009, 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps. Good luck on the rest of your immigration journey too.

Ant

I am currently a conditional permanent resident. I became one on (green card issued) january 11th, 2008. I was informed that I could mail in my condition removal as soon as november 11th 2009. (90 days)

I would like to become a citizen. I have been married to my wife for 3 years as of January 4th, 2010. Do I qualify to apply for citizenship in lieu of a condition removal? What is the best route for me to take?

Thank you kindly.

[Immigrant2009 0]

Hi bradcanuck,

Looks like folks gave you very good advice. Ant has given very detailed answer hope that answers your question. So in short apply ROC 90 days (90 days is not 3 months) before your GC expires and once approved apply for N-400.

[J&D 0]

... Ant has given very detailed answer hope that answers your question. ...

Ant should be charging $200 an hour as an Immigration Consultant.

[lucyrich 20]

Hi bradcanuck,

Looks like folks gave you very good advice. Ant has given very detailed answer hope that answers your question. So in short apply ROC 90 days (90 days is not 3 months) before your GC expires and once approved apply for N-400.

Except that, as ant and J&D correctly said, there's no need to wait for approval of the I-751 before sending in the N-400. You just need to wait until you meet the naturalization requirements -- normally, 3 years less 90 days as a LPR, but there are more details listed in the M-476 (and in this thread).

An approval notice for the I-751 is NOT a requirement for mailing off the N-400, and several posters here have applied for naturalization while the I-751 was still pending.

[jasminelily 1]

... Ant has given very detailed answer hope that answers your question. ...

Ant should be charging $200 an hour as an Immigration Consultant.

Well that's what VJ is for, helping each other who is in similar situation because we don't have money to hire attorney. Our immigrants' life is not exactly easy and USCIS certainly don't make it any easier for us, we're very lucky to have VJ.

May be Ant can set up a side business?!

[NickD 203]

Put in other words, you could have been married for a hundred years and not be eligible to apply for USC, you have to be a lawful permanent resident for three full years, but can also apply 90 days before that date with your N-400. But you also have to be married to the same spouse for at least three years in addition to the time for the lawful permanent resident requirement. Or just wait the full five years as a LPR without the marriage requirement.

Must important is to apply for your I-751 at the earliest possible date, they specify 90 day before your 2nd anniversary as a LPR. If you do not, you are no longer here legally and cannot work nor travel. The day of the year you apply for your I-751 will be approximately the same day one year later you can apply for USC with the N-400.

I see on the conditional green card section in this site, the USCIS is still dragging their feet on the I-751, we applied for the I-751 March 28, 2007 and for the N-400 on March 31, 2008. As my wife did not receive her ten year card yet, we had to send in a copy of her expired green card and the one year extension notice.

We were in the process of proving to the USCIS we had a valid marriage for her I-751 and at the same time were proving to I think the same USCIS, we had a valid marriage for her N-400.

[antda 13]

Hi Everyone,

Thanks for your kind words...

Likewise, all of you here should be in the "immigration business" too, as you all give good advice, indeed!

You're welcome, glad to be able to help everyone here on VJ for FREE, and nothing back in return (except for a , of course...)

Nah, no need for me to have a side business providing immigration information....(lol..actually my husband and I have another side home-business anyways, but that's another story)....Why charge people for immigration information that should be for free anyways? That's what the lawyers do, and I'm no lawyer (and I don't want to be one).

I agree, we are all helping each other in similar situations here on VJ, especially in dealing with the hardships encountered with the USCIS. And with the luck of being on such a great website as VJ, and all the helpful, supportive, kind, etc. people on it, life sure is a lot easier and less to worry about immigration-wise.

The more we help each other, the happier we'll be....

Good luck on all of your immigration journeys too...

Ant (free help for everyone!)

Hi bradcanuck,

Looks like folks gave you very good advice. Ant has given very detailed answer hope that answers your question. So in short apply ROC 90 days (90 days is not 3 months) before your GC expires and once approved apply for N-400.

Ant should be charging $200 an hour as an Immigration Consultant.

Well that's what VJ is for, helping each other who is in similar situation because we don't have money to hire attorney. Our immigrants' life is not exactly easy and USCIS certainly don't make it any easier for us, we're very lucky to have VJ.

May be Ant can set up a side business?!

Edited June 24, 2009 by AntandD

[Leah 1]

I see on the conditional green card section in this site, the USCIS is still dragging their feet on the I-751, we applied for the I-751 March 28, 2007 and for the N-400 on March 31, 2008. As my wife did not receive her ten year card yet, we had to send in a copy of her expired green card and the one year extension notice.

We were in the process of proving to the USCIS we had a valid marriage for her I-751 and at the same time were proving to I think the same USCIS, we had a valid marriage for her N-400.

I am on the same situation right now. I applied for the I-751 on July 2008. Until now I have not receive the 10 yr GC. My 1 yr extention will expire next month. So I can apply for the N-400 anytime without waiting the approval of the ROC?

[Tini27 0]

I see on the conditional green card section in this site, the USCIS is still dragging their feet on the I-751, we applied for the I-751 March 28, 2007 and for the N-400 on March 31, 2008. As my wife did not receive her ten year card yet, we had to send in a copy of her expired green card and the one year extension notice.

We were in the process of proving to the USCIS we had a valid marriage for her I-751 and at the same time were proving to I think the same USCIS, we had a valid marriage for her N-400.

I am on the same situation right now. I applied for the I-751 on July 2008. Until now I have not receive the 10 yr GC. My 1 yr extention will expire next month. So I can apply for the N-400 anytime without waiting the approval of the ROC?

When was your GC issued ? if it was issued up to october 2006, you can apply for 400 now (do check exact dates, 3rd anniversary of GC-90 days) assuming it was marriage based. I filed before ROC was approved and have my interview this month.( I received 10y GC 2 weeks after I sent my file in) It seems filing N400 pushes USCIS to make a decision on ROC in some cases, so you should be good to go, good luck!