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Amhara

I-751 December 2017 Filers [merged threads]

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3 hours ago, FrancesTaber said:

Hi @Amhara thanks for the tip! That’s a great idea. Just wondering - are you planning to file electronically or paper? 

It looks like filing electronically is the way to go.  Since our area, Dallas, has such a bottleneck, any weeks shaved off the process would help.  I have been scoping out those cases and there doesn't seem to be a rhyme or reason to when USCIS approved the cases, but in general, it seems that the electronic filers often get worked faster.

 

1 hour ago, Jehua said:

I have a question.

i file i-751 wavier in December 201 before our two year anniversary while pending divorce paper. We married October 10, 2015 and we divorced in October 5 2018. We have two kids in this marriage.

am i eligible to apply for citizenship?

That's a hard one - your divorce really couldn't have waited five more days?  Really?  You may be kicked out of the process because you weren't married to a USC for three years.  You didn't mention how long you have be an LPR for.  You would have to be married to a USC AND be an LPR for three years, and the LPR time starts on the date on your first GC or conditional GC.



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3 hours ago, Amhara said:

It looks like filing electronically is the way to go.  Since our area, Dallas, has such a bottleneck, any weeks shaved off the process would help.  I have been scoping out those cases and there doesn't seem to be a rhyme or reason to when USCIS approved the cases, but in general, it seems that the electronic filers often get worked faster.

 

That's a hard one - your divorce really couldn't have waited five more days?  Really?  You may be kicked out of the process because you weren't married to a USC for three years.  You didn't mention how long you have be an LPR for.  You would have to be married to a USC AND be an LPR for three years, and the LPR time starts on the date on your first GC or conditional GC.

Hi @399 thank you for your response but i also say sorry for your misunderstanding .....i inter into the State through K1 Visa and I got Married the US citizen  within 30 days after my arrival. I passed all the process and got my Conditional Green card for two years but before my two years ending i submitted my i751 waiver since we agree to divorce with my ex......... for your info i also got my 1 year as well as 6 month extension ......

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2 minutes ago, Jehua said:

Hi @399 thank you for your response but i also say sorry for your misunderstanding .....i inter into the State through K1 Visa and I got Married the US citizen  within 30 days after my arrival. I passed all the process and got my Conditional Green card for two years but before my two years ending i submitted my i751 waiver since we agree to divorce with my ex......... for your info i also got my 1 year as well as 6 month extension ......

You cant apply for citizenship it only applies for those who remain married to their sponsor if they enter with k1 visa

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I got my 18 month visa extension letter without any error, (I-751).

 

I applied for conditional removal application  I-751 in Dec 2017.

I am completing my 3 years in US on March 2019 and my spouse is US citizen, Am i allow to apply for citizenship or wait for decision for I-751, any suggestion!

 

as per USCIS, "Permanent resident for at least 3 years if you are married to a US citizen."   https://www.uscis.gov/forms/uscis-early-filing-calculator

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6 hours ago, JAZB said:

I am completing my 3 years in US on March 2019 and my spouse is US citizen, Am i allow to apply for citizenship or wait for decision for I-751, any suggestion!

If you wait for your 10 GC, you could be waiting past June 2019 for the ROC decision, which may entail an interview.  Then, you wait another 5-12 months to apply for citizenship, which will require another interview before the oath ceremony.  In all, safe to assume past 2020 under USCIS.

OR

You can file up to 90 days before your three year anniversary (and having been married to the same USC spouse) and have one interview, one oath ceremony and the possibility of being done with the whole process by 2019.  

 

But not everyone’s goal is US citizenship.  I have heard that if you file within the 90 days early, the USCIS won’t touch the N-400 until after those 90 days; but I know they won’t touch my ROC either!!



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12 hours ago, Amhara said:

If you wait for your 10 GC, you could be waiting past June 2019 for the ROC decision, which may entail an interview.  Then, you wait another 5-12 months to apply for citizenship, which will require another interview before the oath ceremony.  In all, safe to assume past 2020 under USCIS.

OR

You can file up to 90 days before your three year anniversary (and having been married to the same USC spouse) and have one interview, one oath ceremony and the possibility of being done with the whole process by 2019.  

 

But not everyone’s goal is US citizenship.  I have heard that if you file within the 90 days early, the USCIS won’t touch the N-400 until after those 90 days; but I know they won’t touch my ROC either!!

Hey @Amhara

 

One more question for you! I was under the impression you could not file for citizenship until 3 years from the date you received the conditional green card (assuming still married). For example, I have been a conditional resident since 2/27/2016. Can I only file for citizenship after 2/27/2019 or am I actually able to within the 90 days leading up to 2/27/2019? I had planned to file in early March. For some reason I thought that 90 day window thing only applied to removing conditions application. 

 

Thanks once again for your help! Truly appreciate it! 

 

Frances

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2 minutes ago, FrancesTaber said:

Hey @Amhara

 

One more question for you! I was under the impression you could not file for citizenship until 3 years from the date you received the conditional green card (assuming still married). For example, I have been a conditional resident since 2/27/2016. Can I only file for citizenship after 2/27/2019 or am I actually able to within the 90 days leading up to 2/27/2019? I had planned to file in early March. For some reason I thought that 90 day window thing only applied to removing conditions application. 

 

Thanks once again for your help! Truly appreciate it! 

 

Frances

Well, it appears I answered my own question. Straight from the N-400 instructions. Are you personally planning to file 3 months early? I live in Columbus and the field office here is pretty quick, someone I know filed last year and went from application to oath in about 4 months... 

 

Early Filing. An applicant filing under the general naturalization provision (section 316(a) of the INA) may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as a lawful permanent resident (LPR). An applicant filing as the spouse of a U.S. citizen under section 319(a) of the INA may file up to 90 days before meeting the required 3-year period of continuous residence as an LPR. Although an applicant may file early according to the 90-day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3- or 5-year period of continuous residence as an LPR. Applicants filing up to 90 days before meeting the continuous residence requirement must still meet all other requirements for naturalization at the time of filing Form N-400. For example, an applicant filing under section 319(a) of the INA must meet all other requirements as the spouse of a U.S. citizen at the time of filing.

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23 hours ago, JAZB said:

...as per USCIS, "Permanent resident for at least 3 years if you are married to a US citizen."   https://www.uscis.gov/forms/uscis-early-filing-calculator

 

4 hours ago, FrancesTaber said:

Well, it appears I answered my own question. Straight from the N-400 instructions. Are you personally planning to file 3 months early? I live in Columbus and the field office here is pretty quick, someone I know filed last year and went from application to oath in about 4 months... 

Wow!  Four months!  I hope you can benefit from that timeframe, Taber!  Yes, we are going to file the day the 90 days open.  Once you file and pay online, you get the NOA immediately, then the biometrics a month later.  The next step would be placed in line for an interview.  Looks like you can file as early as November 29th, which is 36 days away!



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On 10/23/2018 at 7:44 PM, Amhara said:

If you wait for your 10 GC, you could be waiting past June 2019 for the ROC decision, which may entail an interview.  Then, you wait another 5-12 months to apply for citizenship, which will require another interview before the oath ceremony.  In all, safe to assume past 2020 under USCIS.

OR

You can file up to 90 days before your three year anniversary (and having been married to the same USC spouse) and have one interview, one oath ceremony and the possibility of being done with the whole process by 2019.  

 

But not everyone’s goal is US citizenship.  I have heard that if you file within the 90 days early, the USCIS won’t touch the N-400 until after those 90 days; but I know they won’t touch my ROC either!!

After doing more research i found answer on USCIS website  "Conditional Permanent Resident Spouses and Naturalization ". https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

"In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. "

 

what i understood from website's information, if I-751(2 year conditional removal) is in process or in pending and during that time I apply for N-400 (citizenship) then they will put N-400 application on hold too until a decision made for I-751 application. 

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Hi Guys. I have not received my 18 months extension letter from USCIS ? Do i call them or do i go only and inquiry about it  ? I only have my 12 month notice , receipt dated 12/20/2017. I am going back to Home (India) for the month of December. Though my 12 month notice is valid till march 2019. An 18 month receipt would be helpful. 

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12 hours ago, JAZB said:

After doing more research i found answer on USCIS website  "Conditional Permanent Resident Spouses and Naturalization ". https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

"In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. "

 

what i understood from website's information, if I-751(2 year conditional removal) is in process or in pending and during that time I apply for N-400 (citizenship) then they will put N-400 application on hold too until a decision made for I-751 application. 

Yep, and this is handled administratively as a combo interview.  So if you apply for citizenship, and get an interview without the 10 GC approved, then the US spouse should attend also.  The adjudicating office will need to approve the I-751, then approve the citizenship petition.



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