Marriage based citizenship (3-5 years)

[Shikagodesi 0]

Hi,

I got married in 2008 and received my GC in August 2009. I filed with the help of a lawyer here in Chicago (much to the annoyance of my husband ..he didn't want to spend 1000+ dollars on lawyer fees). My dad insisted that I file with the help of a lawyer ..there were a lot of unpleasant arguments that occurred between us and fast forward to now, my husband really hates to talk about anything having to do with my immigration (or citizenship)

So I need help bc I'm on my own and I want to file for citizenship this week. I became eligible in August 2012 (3 yrs) and since then I have had my forms ready, but never mailed them out because I don't have our tax papers and I didn't want to ask him for them. I am a stay at home mom and I do know that he files them jointly. So here are my questions:

1. Is there anyway I can obtain our tax records online

2. I live in Chicago, so what address should I mail my n-400 form to for the quickest response

3. I didn't know I could have applied for my parents' GC when I applied to remove conditions from my own GC..so missed that opportunity. My family arrived in 1999 with us on my dad's H1 and overstayed. I really want to apply for my parents ASAP. Is there any form I could send for them along with my n-400 which would start their GC process?

Thank you in advance for your help

[apple21 953]

You cannot file for your parents until you have your naturalization certificate or US passport on-hand.

Edited February 11, 2014 by apple21

[apple21 953]

Must read: http://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

[MaleAlpha 314]

Yes you can get the tax transcripts online: http://www.irs.gov/Individuals/Get-Transcript

[Shikagodesi 0]

Thank you so much for that link apple21. I just found form I-130 thru that link. It says in the instructions that a citizen or even a lawful permanent resident could file ..or am I missing something

Or is it that the time-frame of the process would be different (for instance.. It will take a longer time if I file without naturalization cert compared to less time with naturalization certificate)

Thank you MaleAlpha

[Hypnos 6,576]

An LPR cannot petition for their parents.

[Shikagodesi 0]

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

But the very first line on this link says that LPR can file I130..

PS: English is not my first language ..I must be missing something

[Shikagodesi 0]

Ok my mistake.. I just read the whole thing

[girimurthy 5]

Hi,

I got married in 2008 and received my GC in August 2009. I filed with the help of a lawyer here in Chicago (much to the annoyance of my husband ..he didn't want to spend 1000+ dollars on lawyer fees). My dad insisted that I file with the help of a lawyer ..there were a lot of unpleasant arguments that occurred between us and fast forward to now, my husband really hates to talk about anything having to do with my immigration (or citizenship)

So I need help bc I'm on my own and I want to file for citizenship this week. I became eligible in August 2012 (3 yrs) and since then I have had my forms ready, but never mailed them out because I don't have our tax papers and I didn't want to ask him for them. I am a stay at home mom and I do know that he files them jointly. So here are my questions:

1. Is there anyway I can obtain our tax records online

2. I live in Chicago, so what address should I mail my n-400 form to for the quickest response

3. I didn't know I could have applied for my parents' GC when I applied to remove conditions from my own GC..so missed that opportunity. My family arrived in 1999 with us on my dad's H1 and overstayed. I really want to apply for my parents ASAP. Is there any form I could send for them along with my n-400 which would start their GC process?

Thank you in advance for your help

Since it will be almost 5 years you can file under the 5 year rule. Then all you need to send is the copy of your green card/passport pictures and the check. I think that will be the easy route. During the interview you will need the tax transcripts which you can get from the irs website.

[Shikagodesi 0]

Since it will be almost 5 years you can file under the 5 year rule. Then all you need to send is the copy of your green card/passport pictures and the check. I think that will be the easy route. During the interview you will need the tax transcripts which you can get from the irs website.

Thank you for your reply girimurthy

My five years will be completed on August 29, 2014. Can I still apply under the five year rule right now or is it too soon? It says in the instructions that we should apply only 90 days prior to our 3 yr or 5 yrs are complete, not sooner. 90 days date before my 5 yr GC will be May 29. Do I need to wait another 2.5 months to apply under 5 year rule? I really want to do it right now ..will my application be rejected if i do?

[JimmyHou 611]

Thank you for your reply girimurthy

My five years will be completed on August 29, 2014. Can I still apply under the five year rule right now or is it too soon? It says in the instructions that we should apply only 90 days prior to our 3 yr or 5 yrs are complete, not sooner. 90 days date before my 5 yr GC will be May 29. Do I need to wait another 2.5 months to apply under 5 year rule? I really want to do it right now ..will my application be rejected if i do?

Yes, your application will be denied if you apply now. Use this calculator to determine when you can mail in your application:

http://www.uscis.gov/early-filing-calculator

Make sure that you are using the 5th anniversary of the "Resident Since" date on your green card, not your marriage anniversary or the day you came to the US.

[girimurthy 5]

Thank you for your reply girimurthy

My five years will be completed on August 29, 2014. Can I still apply under the five year rule right now or is it too soon? It says in the instructions that we should apply only 90 days prior to our 3 yr or 5 yrs are complete, not sooner. 90 days date before my 5 yr GC will be May 29. Do I need to wait another 2.5 months to apply under 5 year rule? I really want to do it right now ..will my application be rejected if i do?

You can file under the 3 year rule right now and it won't get denied but you will have to send all the paperworks - lease, bank statements, tax returns etc...... But if you can wait till May then you can apply under 5 year rule and no paperwork needed. So you need to decide which is better.

[Luthien 9]

Wanted to chip in on the petitioning of parents - are they still in the US? If they have overstayed or left but the ban for overstaying is still up, they need a waiver (I-601), which from what I have read can only be submitted by a spouse/parent.

Edit: My bad, some sources list children as well. It might be harder to prove the extreme hardship though.

Edited February 11, 2014 by Luthien

[Shikagodesi 0]

Thanks everyone for your replies.

Luthien, yes they live here (never left since we arrived in 1999 ..my dad on h1 and our mom and rest of us on h4 and everyone overstayed). My brother and I got married and got our GC's thru our spouses and my two other siblings who are not married yet, qualified for the Dream act- that's discussion for whole another topic.

So yea my parents are still here and my mom didn't take staying in one place for 15 years too well. She misses her family back in india a lot. and I feel bad for being so late in applying for my naturalization.

So this is what I gather: when I start filing for them, i need: I-130, I-485 and I-601 ..correct? I am thinking I will just submit the forms under the three year rule and if they ask for RFE, I will just send it then

[DC85 113]

Thanks everyone for your replies.

Luthien, yes they live here (never left since we arrived in 1999 ..my dad on h1 and our mom and rest of us on h4 and everyone overstayed). My brother and I got married and got our GC's thru our spouses and my two other siblings who are not married yet, qualified for the Dream act- that's discussion for whole another topic.

So yea my parents are still here and my mom didn't take staying in one place for 15 years too well. She misses her family back in india a lot. and I feel bad for being so late in applying for my naturalization.

So this is what I gather: when I start filing for them, i need: I-130, I-485 and I-601 ..correct? I am thinking I will just submit the forms under the three year rule and if they ask for RFE, I will just send it then

My advice ;

apply now based on the 3 years, you don't need your husband for that.

2- after you get the citizenship then you can file for your parents. you can file concurrently( i130 & I485) since they will be immediate relative to USC. [ you can review the AOS guide or start educating yourslef about the process]

3- your parents WILL NOT need a waiver , since they didn't leave the country.

again you can't do anything for your parents untill you become a USC

Edited February 11, 2014 by myafi1985