Can I apply for citizenship even though...

[gizzly 0]

Hello everyone,

I have a quick question regarding about N-400. I'm married to my wife, she is us citizen since year 2007 until now. I was a legal permanent resident since Feb 2009. We applied for I-751 in Jan 2011, we've got RFE in Junand sent response in July. Since then I stll never heard anything from USCIS. My question is:

1. Due to 90 days rule, can I apply for N-400 (citizenship) in Nov 2011? (base on 90 days rule)

2. Do I need to wait until my 1 yr extension letter expired before I can apply?

I am a little confusing now. I heard from this forum says base in 90 days rule you can apply for citizenship if you are married to us citizen for at least 3 years and you never travel outside the States.

Thank you so much for your help.

[v333k 59]

You can apply once the 90 day window is open. If your naturalization is approved, then they will adjudicate your I-751 and approve it as well.

You do not need to wait until the 1 year extension expires. However, before your 1 year extension expires, you should get another extension just to be safe...

[gizzly 0]

Thank you for your reply. If I apply for N-400 once the 90 days window open, this will delay my I-751 process and N-400 process?

Thanks.

Edited October 12, 2011 by gizzly

[scotty2009 13]

Could anyone please enlighten me with the 90 days rule? I've heard this a couple of times, but I really don't know what's it about.. I got my biometrics for I-751 on Sept 7th, still no touch

from USCIS. I got married March 12, 2009, never traveled outside USA (no budget LOL). Does this mean that

if I don't receive anything by December 12, 2011, I can apply for Naturalization?

If I do this, what are the chances of getting approved considering that I have a pending I-751?

Thanks.

[Brother Hesekiel 2,236]

Thank you for your reply. If I apply for N-400 once the 90 days window open, this will delay my I-751 process and N-400 process?

Thanks.

No,

it will force your I-751 to be adjudicated, although it otherwise may be sitting on some desk for much longer.

[gizzly 0]

Thank you so much to clarify me, I'll look forward applying for citizenship once the time arrives.

[Jessica24 3]

Could anyone please enlighten me with the 90 days rule? I've heard this a couple of times, but I really don't know what's it about.. I got my biometrics for I-751 on Sept 7th, still no touch

from USCIS. I got married March 12, 2009, never traveled outside USA (no budget LOL). Does this mean that

if I don't receive anything by December 12, 2011, I can apply for Naturalization?

If I do this, what are the chances of getting approved considering that I have a pending I-751?

Thanks.

90 days rule is that Permanent residents/ conditional residents can file in their citizenship application before 90 days of their 5th/3rd anniversary. This is a facility which is allowed by the USCIS on the general assumption that it takes about 90 days to call the applicants for interview. So this 90 day rule would be fine for the applicants to file in their applications and wait for the interview when the required 3yr criteria ends. You can very well file in your N-400 on Dec 12,2011. I am not sure whether your I-751 will be of any concern in this process.

[NickD 203]

If you don't receive your ten year card before you one year extension expires, better make an infopass appointment to either get a I-551stamp in your current valid foreign passport book, or bring in two passport photos and get an I-94.

Its your responsibility to stay here legally, regardless of the extensive delays in processing the I-751. Additional consequences of not staying here legally are state and employee dependent. In our state an employer can be severely fined of that one year extension is expired, so you will get canned. With the DMV, can simply check you are a US citizen with no proof of that required and they will leave you alone, but doing so will put you in deep deep trouble with the UCSIS. On the other hand if you check that LPR box, will watch you like a dog and take your drivers' license away once your one year extension is expired. One reason while I feel we are either led by idiots or crooks.

For your application with no ten year card, okay to send in both a copy of your expired green card and valid one year extension notice. Another bottleneck, is making that infopass appointment what every idiot is handling your case, too early, like a month. Want you to make it within two weeks of that expiration date, but try to do that on the net. Was very frustrating for us, and a damn good reason to apply for US citizenship at the earliest possible date. Can view that certificate like a divorce paper to finally free you from the USCIS.