I-751 August 2016 Filers

[jptl85 25]

39 minutes ago, Zombie69 said:

Yeah, I was in the U.S. That also makes a difference. I asked my lawyer if I could apply for 400 while 751 is pending, she advised me not to do so saying they can accept your 400, but they won't do anything until they get the 751 approval, so it will be a moot point and it won't force USCIS to adjudicate your 751 faster. You just can't win one way or another..

 

My laywer said the same thing. Although, they may be right it still gets you in line whilst the adjudicate the 751. Really considering applying once my time comes even if 751 is still pending. 

[Zombie69 363]

14 minutes ago, jptl85 said:

 

My laywer said the same thing. Although, they may be right it still gets you in line whilst the adjudicate the 751. Really considering applying once my time comes even if 751 is still pending. 

That is the thing, we don't know. I would just follow the rules and apply after I get my 751. 

[AustinCanada 681]

2 hours ago, Zombie69 said:

 I asked my lawyer if I could apply for 400 while 751 is pending, she advised me not to do so saying they can accept your 400, but they won't do anything until they get the 751 approval, so it will be a moot point and it won't force USCIS to adjudicate your 751 faster. You just can't win one way or another..

 

1 hour ago, jptl85 said:

My laywer said the same thing. Although, they may be right it still gets you in line whilst the adjudicate the 751. Really considering applying once my time comes even if 751 is still pending. 

Sounds like I have nothing to lose by mailing out my citizenship application!  

I'm applying for citizenship in Aug even if I don't have my 10-year Green Card!    I just want to get it done!  

[Zombie69 363]

22 minutes ago, AustinCanada said:

 

Sounds like I have nothing to lose by mailing out my citizenship application!  

I'm applying for citizenship in Aug even if I don't have my 10-year Green Card!    I just want to get it done!  

Good luck, the only concern I have is possible backfiring, not saying it is going to happen, but the idea of hoping USCIS to be forced to expedite one's case just because i mail in 400 regardless concerns me a bit, so I will probably just wait until 751 is approved myself. I will talk to my lawyer again when the time comes.

[altito 63]

13 hours ago, Zombie69 said:

Good luck, the only concern I have is possible backfiring, not saying it is going to happen, but the idea of hoping USCIS to be forced to expedite one's case just because i mail in 400 regardless concerns me a bit, so I will probably just wait until 751 is approved myself. I will talk to my lawyer again when the time comes.

I agree with Austincanada. I have no lawyer, but I think it is question of rights. If you legally comply with the 3-year period to gain citizenship, why do we have to wait longer because of USCIS incompetency? It is on their end to effectively process applications, -something they are not doing- as well as to approve (or not) files according to  true, authentic facts supported in verifiable documents. Beyond that point, they cannot accuse me of applying for N400  illegally or inappropriately. The burden of the proof is on them. If they do not approve i-751 form prior to my eligibility to applying N400, they, and only they, are guilty for this situation. My punishment for their sloppiness is to wait (fine, I am already here with my spouse, it is not that terrible!), but I am not going to stop my timeline for it. I am still paying taxes and outrageously expensive fees for the applications. Moreover, it is my right, and I am going to make use of it. I will be also applying for citizenship when i am eligible to do so, regardless my I-751 status.

[Poulette 155]

4 minutes ago, altito said:

I agree with Austincanada. I have no lawyer, but I think it is question of rights. If you legally comply with the 3-year period to gain citizenship, why do we have to wait longer because of USCIS incompetency? It is on their end to effectively process applications, -something they are not doing- as well as to approve (or not) files according to  true, authentic facts supported in verifiable documents. Beyond that point, they cannot accuse me of applying for N400  illegally or inappropriately. The burden of the proof is on them. If they do not approve i-751 form prior to my eligibility to applying N400, they, and only they, are guilty for this situation. My punishment for their sloppiness is to wait (fine, I am already here with my spouse, it is not that terrible!), but I am not going to stop my timeline for it. I am still paying taxes and outrageously expensive fees for the applications. Moreover, it is my right, and I am going to make use of it. I will be also applying for citizenship when i am eligible to do so, regardless my I-751 status.

Vote Altito! 

 

I'm trying not to stress about all this, no matter how frustrating it can be.

I am just hoping they don't call me for an interview or RFE around the time our baby is born! 

[AustinCanada 681]

If you're planning to apply for US citizenship in Aug, you may want to take a look at http://www.visajourney.com/content/naturalization_guide.

 

They request the last three years of your tax return transcripts in your application package (I know... again!).    You may want to contact IRS now to request your 2016 tax return transcript since it takes 1-2 months for them to send it to you!  

[jptl85 25]

40 minutes ago, AustinCanada said:

If you're planning to apply for US citizenship in Aug, you may want to take a look at http://www.visajourney.com/content/naturalization_guide.

 

They request the last three years of your tax return transcripts in your application package (I know... again!).    You may want to contact IRS now to request your 2016 tax return transcript since it takes 1-2 months for them to send it to you!  

I got mine from the IRS within 10 days!

[AustinCanada 681]

1 hour ago, jptl85 said:

I got mine from the IRS within 10 days!

Nice!    That means I'll get ours next week!  

 

I'm filling out my US citizenship application this month (I know I can't send it out yet)!  

[Zombie69 363]

15 hours ago, altito said:

I agree with Austincanada. I have no lawyer, but I think it is question of rights. If you legally comply with the 3-year period to gain citizenship, why do we have to wait longer because of USCIS incompetency? It is on their end to effectively process applications, -something they are not doing- as well as to approve (or not) files according to  true, authentic facts supported in verifiable documents. Beyond that point, they cannot accuse me of applying for N400  illegally or inappropriately. The burden of the proof is on them. If they do not approve i-751 form prior to my eligibility to applying N400, they, and only they, are guilty for this situation. My punishment for their sloppiness is to wait (fine, I am already here with my spouse, it is not that terrible!), but I am not going to stop my timeline for it. I am still paying taxes and outrageously expensive fees for the applications. Moreover, it is my right, and I am going to make use of it. I will be also applying for citizenship when i am eligible to do so, regardless my I-751 status.

Understood, my lawyer is an experienced one. USCIS only does things by their rules, their time, I asked my lawyer if I can apply 400 while 751 is pending, she told me I won't be qualified for 400 until 751 is approved, period. USCIS does not care whether you think you have the right. They have the power, nobody can force them to do anything. People who apply for 400 while 751 is pending is due in large part of frustrations and desperation in my opinion which i understand, and most of applicants who do this do not seem to have a lawyer. I think it is a waste of time because they simply won't do anything until they see the copy of your 10 year green card front and back, they won't make it faster just because you think it is your right. They simply won't be forced, so I think it is a waste of effort and it won't make a difference, but feel free to do so, it is not going to hurt you, but there is always a small risk of backfiring, I will just comply with what n400 requires and not jump ahead.

Edited May 3, 2017 by Zombie69

[rt1012 18]

19 hours ago, AustinCanada said:

If you're planning to apply for US citizenship in Aug, you may want to take a look at http://www.visajourney.com/content/naturalization_guide.

 

They request the last three years of your tax return transcripts in your application package (I know... again!).    You may want to contact IRS now to request your 2016 tax return transcript since it takes 1-2 months for them to send it to you!  

I've been unemployed for the past 3 years. I have a hard time finding a job without an experience since I was a fresh graduate. I've been living with my wife's uncle for free. So do you think I'm eligible to file for US citizenship if I've never filed tax since I'm unemployed?

[AustinCanada 681]

1 hour ago, rt1012 said:

I've been unemployed for the past 3 years. I have a hard time finding a job without an experience since I was a fresh graduate. I've been living with my wife's uncle for free. So do you think I'm eligible to file for US citizenship if I've never filed tax since I'm unemployed?

You should be able to apply for US citizenship because it's your choice to work or not.  

I mean if you're super rich (or retired), you don't have to work.  

If you're a housewife or househusband, you don't work.  

You may want to read https://www.uscis.gov/n-400 just to double-check your eligibility or ask this question in one of the N-400 filer groups!  

[nightingalejules 678]

2 hours ago, rt1012 said:

I've been unemployed for the past 3 years. I have a hard time finding a job without an experience since I was a fresh graduate. I've been living with my wife's uncle for free. So do you think I'm eligible to file for US citizenship if I've never filed tax since I'm unemployed?

I think there's a way that you could still "file taxes" with zero income (obviously you won't owe anything) just so you can have the transcripts. Otherwise you can state in a cover letter that you don't have tax transcripts because you were not required to file, since you had no income. Did your wife file taxes as married filing separately or married filing jointly? If she filed "jointly" but with no income from you, your SSN will be on the return and you can submit that. You might also want to amend her taxes as married filing jointly (for that purpose).

[rt1012 18]

15 minutes ago, nightingalejules said:

I think there's a way that you could still "file taxes" with zero income (obviously you won't owe anything) just so you can have the transcripts. Otherwise you can state in a cover letter that you don't have tax transcripts because you were not required to file, since you had no income. Did your wife file taxes as married filing separately or married filing jointly? If she filed "jointly" but with no income from you, your SSN will be on the return and you can submit that. You might also want to amend her taxes as married filing jointly (for that purpose).

Thanks for your reply. The thing is my wife never filed tax either since she's still in school. Probably, I will try to call IRS and see what they have to say. A cover letter might be a good idea too. Thank you.

[rt1012 18]

17 minutes ago, nightingalejules said:

I think there's a way that you could still "file taxes" with zero income (obviously you won't owe anything) just so you can have the transcripts. Otherwise you can state in a cover letter that you don't have tax transcripts because you were not required to file, since you had no income. Did your wife file taxes as married filing separately or married filing jointly? If she filed "jointly" but with no income from you, your SSN will be on the return and you can submit that. You might also want to amend her taxes as married filing jointly (for that purpose).

 

1 hour ago, AustinCanada said:

You should be able to apply for US citizenship because it's your choice to work or not.  

I mean if you're super rich (or retired), you don't have to work.  

If you're a housewife or househusband, you don't work.  

You may want to read https://www.uscis.gov/n-400 just to double-check your eligibility or ask this question in one of the N-400 filer groups!  

Hahaha. Thanks for your reply!! I still have some money I received from my parents when I first came here to study. Thank you though!!