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Captivated

Bypass I-751 and apply for citizenship?

By Captivated in Removing Conditions on Residency General Discussion

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Captivated Rookie

Captivated   1

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

My husband's two-year anniversary is coming up in November 2015. We will need to apply to remove conditions. However, he will also be eligible to apply for citizenship as of July 2015 (been in the states for 3 years, married to US citizen for 3 years). Can we bypass the removal of conditions and go straight to citizenship? Or do we apply for both (and pay two fees) at the same time?

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Neither.

You apply for the removal of conditions and then, several months later, you apply for citizenship. :)

Failure to remove conditions will be seen as an abandonment of the permanent resident status. Applying for citizenship when you are ineligible may result in the loss of funds.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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HK12 Proficient

HK12   273

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

He will still have to remove conditions. When did he receive his conditional Green Card? Unfortunately, you do not have a timeline, and it is not clear from your post, either.

He will be eligible to remove conditions in the 90-day-window before his conditional Green Card expires (two years of permanent residency minus 90 days).

He won't be eligible to apply for citizenship until he has been a permanent resident for three years minus 90 days.

K1 Visa
Feb. 29, 2012: I-129F sent
March 8, 2012: NOA1 (VSC)
August 30, 2012: NOA2
Oct. 1, 2012: Packet 3 received
Nov. 3, 2012: Packet 4 received
Nov. 15, 2012: Interview - approved!
Jan. 18, 2013: POE New York Seaport
Feb. 2, 2013: Wedding

AOS
March 6, 2013: AOS Package sent
March 12, 2013: I-485, I-765, I-131 NOA's
March 29, 2013: Biometrics Appointment
May 10, 2013: EAD/AP approved
Sept. 5, 2013: "Potential Interview Waiver Case" letter received
Nov. 2, 2013: AOS approved (no interview)

ROC
Aug. 4, 2015: I-751 sent
Aug. 6, 2015: NOA1 (CSC)
Sept. 4, 2015: Biometrics Appointment
Feb. 10, 2016: ROC approved

 

Dual Citizenship
Aug. 26, 2016: BBG application sent (permit to retain German citizenship)
Nov. 21, 2016: BBG approval notice received (p/u at German Honorary Consulate, OKC: Feb. 6, 2017)
Dec. 8, 2016: N-400 sent
Dec. 12, 2016: Priority Date (NBC)

Jan. 9, 2017: Biometrics Appointment

Aug. 31, 2017: In-Line for Interview

Sept. 6, 2017: Interview Scheduled

Oct. 16, 2017: Interview

Oct. 25, 2017: Oath Appointment Letter received

Nov. 1, 2017: Oath Ceremony

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dhlunar Collaborator

dhlunar   25

Posted
Filed: IR-5 Timeline
Posted

The three year application for US Citizenship based on marriage to a US Citizen rule is based off of the RESIDENT SINCE date on the permanent resident card NOT your wedding anniversary. So if his conditional card is up in November 2015 (based on what you stated) then could apply in November 2016.

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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Captivated Rookie

Captivated   1

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted (edited)

EDIT: sorry it's not November (I mistook the dates). He is eligible to apply for I-751 in May (-90 days of August which is when it expires).

Sorry for the lack of timeline. Here it is below:

  • Entered US July 2012
  • Married July 2012
  • Received Green Card August 2013 (expires August 2015 - 90 May 2015)
  • 3 year marriage anniversary July 2015

A friend of mine who works in immigration alerted me to the fact that he may be eligible to apply for N-400 in 2015. So he had to have had possession of the green card for 3 years? I thought that living in the US counted toward his residence time?

Edited by Captivated
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Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

(been in the states for 3 years, married to US citizen for 3 years).

That above is your misunderstanding. To be eligible for citizenship he must--

**be a greencard holder for at least 3 years (Aug 2016)

**still married to the USC spouse his greencard was based on

The application window opens 90 days prior to his eligible date, but the interview will usually be after the eligible date and the naturalization ceremony MUST be after his eligible date.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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milimelo Veteran

milimelo   4,486

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted

His residence since date doesn't start until he received his green card. No, you can't skip I-751 and go straight to N400. There are steps in the process.

ROC 2009
Naturalization 2010

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

My husband's two-year anniversary is coming up in November 2015. We will need to apply to remove conditions. However, he will also be eligible to apply for citizenship as of July 2015 (been in the states for 3 years, married to US citizen for 3 years). Can we bypass the removal of conditions and go straight to citizenship? Or do we apply for both (and pay two fees) at the same time?

i suggest you re-study the calendar,

looking specifically at all green cards,

finding the one with the earliest date,

and using that date to compute your calendar math.

this math on 'married to us citizen for 3 years' not matter - what matters is the green card issuance date + 3 years of marriage to a US Citizen.

Skip a prerequisite? well, here we are...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Captivated Rookie

Captivated   1

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
  • Author
Posted

And here I thought he was a special snowflake. Okay guys - thanks for the help! We shall continue the process in order. Though I will ask my friend again why she got my hopes up :P

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I assume 2 of the 3 bits on 'residence since date' contain 'August' and '2013' based on what you've written in post #5. If that's, indeed, the case - well, that's the first timetick - go forward 3 years minus 90 days, and that's the first calendar date he can apply for citizenship. Inbetween, must file for the 10 year card, at 2 years minus 90 days from that 'residence since date'.

As to yer special snowflake - There's a reason USCIS is bogged down - I'm not suggestion anything untoward, but hey !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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TBoneTX Grand Master

TBoneTX   45,329

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Two noncontributory posts have been removed. Please post constructively or do not post.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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