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inneedofhelp

Is The N400 Paperwork needed For My Situation?

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Filed: K-1 Visa Country: England
Timeline

Hello fellow members.

Just a quick question regarding the next steps (If there are any?)

I recently received my 10 year greencard, obtaining it through a K1 Visa. Before I filed the I751 paperwork my marraige ended in divorce. I am curious to know is there a need for me to file the N400 package? I read somewhere that you need ties with an American Citizen in oder to send out this paperwork, not sure if thats true. So if there is anyone out there who can shed some light on this subject it will be greatly appreciated.

Thanks in advance.

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Filed: Citizen (apr) Country: Argentina
Timeline

Hello fellow members.

Just a quick question regarding the next steps (If there are any?)

I recently received my 10 year greencard, obtaining it through a K1 Visa. Before I filed the I751 paperwork my marraige ended in divorce. I am curious to know is there a need for me to file the N400 package? I read somewhere that you need ties with an American Citizen in oder to send out this paperwork, not sure if thats true. So if there is anyone out there who can shed some light on this subject it will be greatly appreciated.

Thanks in advance.

how long have you have been a LPR? because you can't file for citizenship until you have been a resident for 5 years. you're not married anymore, so you can't file at 3 years of residency.

90 days before your 5th year, you can, and submit a copy of divorce decree. after that you can file whenever you want to, there is no obligation to become a USC.

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You never have to file N400. It is your choice. You can remain a LPR for your whole life. If you choose to file N400, you must wait two more years now, because the special privileges for faster citizenship for being married to a USC no longer apply to you. You can file 90 days before the 5 year anniversary of you becoming a Permanent Resident. Good luck.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: England
Timeline

Thank you for your replies.

I arrived in the US in March of 2009 and maried in April 09. I recently got my 10 year green card in November of 2011. So I would have been in the US for 3 years at the end of March 2012.

Would I be right in saying that I will be a LPR for 3 years in November of 2015? That would be 3 years after i recieved my 10 year green card? Would it be benificial to become a US Citizen or not.

Im not going to lie, its a relief knowing that there are no more packages, paperwork to do. Its been one hell of a ride.

Thanks again for your replies.

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better to be moved to the citizenship forum?

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
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Filed: Timeline

Thank you for your replies.

I arrived in the US in March of 2009 and maried in April 09. I recently got my 10 year green card in November of 2011. So I would have been in the US for 3 years at the end of March 2012.

Would I be right in saying that I will be a LPR for 3 years in November of 2015? That would be 3 years after i recieved my 10 year green card? Would it be benificial to become a US Citizen or not.

Im not going to lie, its a relief knowing that there are no more packages, paperwork to do. Its been one hell of a ride.

Thanks again for your replies.

5 years since the "Permanent Resident since" date on the green card. You can file your application 90 days before your 5th anniversary.

Edited by ☼
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Filed: IR-1/CR-1 Visa Country: Guyana
Timeline

Thank you for your replies.

I arrived in the US in March of 2009 and maried in April 09. I recently got my 10 year green card in November of 2011. So I would have been in the US for 3 years at the end of March 2012.

Would I be right in saying that I will be a LPR for 3 years in November of 2015? That would be 3 years after i recieved my 10 year green card? Would it be benificial to become a US Citizen or not.

Im not going to lie, its a relief knowing that there are no more packages, paperwork to do. Its been one hell of a ride.

Thanks again for your replies.

Your three years counter begins at the time you were approved as a CPR, not a LPR. So, whenever you received your CPR in 2009, your clock started ticking, provided that you are still married to your USC spouse. So, that's true, you can file your N400, ninety days before your three year anniversary from your CPR date, in this year, not 2015.

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Filed: Timeline

Your three years counter begins at the time you were approved as a CPR, not a LPR. So, whenever you received your CPR in 2009, your clock started ticking, provided that you are still married to your USC spouse. So, that's true, you can file your N400, ninety days before your three year anniversary from your CPR date, in this year, not 2015.

CPR? Somebody have a heart attack? :unsure:

She is divorced. She has the wait the five years.

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Thank you for your replies.

I arrived in the US in March of 2009 and maried in April 09. I recently got my 10 year green card in November of 2011. So I would have been in the US for 3 years at the end of March 2012.

Would I be right in saying that I will be a LPR for 3 years in November of 2015? That would be 3 years after i recieved my 10 year green card? Would it be benificial to become a US Citizen or not.

Im not going to lie, its a relief knowing that there are no more packages, paperwork to do. Its been one hell of a ride.

Thanks again for your replies.

inneedofhelp, when you got married you filed to adjust your status from a K-1 Visa holder to a conditional permanent resident (CPR). This greencard lasts for 2 years and at that point you are required to remove the conditions from your greencard (ROC), at this point you get a ten year greencard and become an unconditional permanent resident (LPR). The 2 year conditional greencard you had counts as 2 years as a permanent resident. IF you were still married to your K-1 Petitioner you would be able to file for Citizenship (using the N-400) once you have had your 10 year greencard for 1 year (because at that point you have had a greencard for 3 years), this is a special privilege allowed to greencard holders who are married to US Citizens. Since you have divorced from your US Citizen spouse you are not eligible for this "shortcut".

IF you wish to be a US Citizen (but you are in no way required to, you can continue to renew your 10 year greencard for the rest of your life, so long as you are living in the US, if you would like) then you will need to wait until you are starting to hit the 5 year mark for permanent resident status (3 years into your 10 year greencard, because you already have 2 years with your conditional greencard). You can file 90 days before you hit 5 years as a greencard holder. Check your greencard and it will say on there the date you became a greencard holder (the date you got your 2 year greencard). Count forward 5 years.

I know all the abbreviations can be confusing, so I hope this helped clarify things for you.

As for whether it would be beneficial for you to become a US Citizen, only you can really assess that. Do some research, see what being a US Citizen allows you to do that being a LPR doesn't allow you to do. Also look into what your responsibilities will be to the US if you do choose to become a US Citizen. This is not really something that someone can tell you if you want or not. It's a personal choice.

Edited by HuffyTheSlayer

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