What's after Conditional GC?

[J/G 85]

Dear VJ Users -- 

 

I came to the US with K1, successfully applied AOS (along with EAD and AP) and was approved and received my 2-year Conditional Green Card in December 2017. It has been a journey for both of us and we can't be happier about where we are physically and mentally. 

 

I know I still have a quite sometime before the 2-year limit, but I'd like to know what is my next step. Ideally, my husband and I would like for me to apply for naturalization and be a US citizen. It's best for our future plan to live here permanently and allow us to travel the world freely. 

 

I BRIEFLY read about the I-751 and the N-400. And I got a little confused. So I have some question: 

1. 90 days prior to the expiration of my Green Card should I apply for I-751 or N-400?
2. Would someone care to explain the difference between the I-751 and N-400? 
3. Will this coming application -- be it I-751 or N-400 -- be the last application I'd ever submit to the US Govt. regarding my citizenship status?
4. I'm currently working full-time and while waiting for my application (I-751 / N-400) to be approved, I'm still legally able to work right?  

 

I might have more questions later but THANK YOU in advance for taking the time to read and hopefully shed some lights. 

 

Best,

J/G

[caliliving 606]

when did you get your 2 year greencard? you need to be a GREENCARD holder for 3 years before you can get citizenship!

you can still work, nothing changes.  so december 2020 you can get your citizenship!  i think you need to remove conditions for your greencard and then apply for your n400 once you have the GC for 3 years.

 

the difference is greencard holder vs citizensbhip

[Airman 35]

1. 90 days prior to the expiration of my Green Card should I apply for I-751 or N-400?: You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident.
2. Would someone care to explain the difference between the I-751 and N-400?: I-751 is removal of condition on your green card whereas N-400 is application for citizenship, You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a U.S. citizen.
3. Will this coming application -- be it I-751 or N-400 -- be the last application I'd ever submit to the US Govt. regarding my citizenship status?: I-751
4. I'm currently working full-time and while waiting for my application (I-751 / N-400) to be approved, I'm still legally able to work right?: Nothing Changes, you are free to work.  

[mushroomspore 3,044]

46 minutes ago, J/G said:

Dear VJ Users -- 

 

I came to the US with K1, successfully applied AOS (along with EAD and AP) and was approved and received my 2-year Conditional Green Card in December 2017. It has been a journey for both of us and we can't be happier about where we are physically and mentally. 

 

I know I still have a quite sometime before the 2-year limit, but I'd like to know what is my next step. Ideally, my husband and I would like for me to apply for naturalization and be a US citizen. It's best for our future plan to live here permanently and allow us to travel the world freely. 

 

I BRIEFLY read about the I-751 and the N-400. And I got a little confused. So I have some question: 

1. 90 days prior to the expiration of my Green Card should I apply for I-751 or N-400?
2. Would someone care to explain the difference between the I-751 and N-400? 
3. Will this coming application -- be it I-751 or N-400 -- be the last application I'd ever submit to the US Govt. regarding my citizenship status?
4. I'm currently working full-time and while waiting for my application (I-751 / N-400) to be approved, I'm still legally able to work right?  

 

I might have more questions later but THANK YOU in advance for taking the time to read and hopefully shed some lights. 

 

Best,

J/G

I-751 is for REMOVAL OF CONDITIONS & N-400 is for CITIZENSHIP. Major diffrrence. You NEED to file I-751 first. You have a 2-year conditional green card. The I-751 removes the conditions and grants you a 10-year UNconditional GC. Your legal permanent resident status does NOT change during I-751 processing time and you get an extension letter that is good for 18 months and serves as a "green card". I-751 processing times are so long now that many people end up filing N-400 and the two forms get adjudicated together because most of us are allowed to apply for citizenship under the 3-year permanent residency rule. Since you adjusted status through marriage to US citizen, you are eligible under this. Meaning, you can apply for citizenship once you hit 3 years as a permanent resident.

 

Do NOT file N-400 early and do NOT file it first and do NOT forget to file the I-751 with supporting evidence. Also, serious question: did your IO not explain this to you after your AoS interview???? 

[geowrian 22,338]

21 minutes ago, Airman said:

1. 90 days prior to the expiration of my Green Card should I apply for I-751 or N-400?: You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident.

Not "should", but one is required to do so. Late filings can be accepted with a valid reason, but failure to file is cause for revoking LPR status.

 

1 hour ago, J/G said:

• Would someone care to explain the difference between the I-751 and N-400? 
• Will this coming application -- be it I-751 or N-400 -- be the last application I'd ever submit to the US Govt. regarding my citizenship status?
• I'm currently working full-time and while waiting for my application (I-751 / N-400) to be approved, I'm still legally able to work right?  

1. I-751 is to show that you entered the marriage in good faith, and results in conditional permanent resident status being lifted, and a 10 year green card being granted. N-400 is to apply for naturalization to become a US citizen.
   1. You cannot be granted citizenship until your conditional permanent resident status is removed via the I-751 (although you can file for the N-400 once you meet the requirements even if the I-751 is still pending).
   2. One requirement for filing the N-400 under the 3 year rule is that you must have been a green card holder while married to a USC for 3 years. You can file up to 90 days early. Note that you must both be a green card holder AND married to the same USC while in marital union for the 3 year period prior to filing the N-400 under the 3 year rule...otherwise you can file under the 5 year rule.
2. Depends...but assuming you want to maintain your permanent residency within the US, you need to file the I-751. If you later want to become a citizen, you must file an N-400.
   1. If you want to petition for another family member, obviously that has its own paperwork, including show evidence of your LPR or citizenship status.
3. Yes.
   1. I suggest going to the SSA to get an unrestricted green card, which can be used alongside a state ID or driver's license to show eligibility to work (instead of relying on the green card).

I

[Roel 7,193]

Too make it look simple, this is how k1 path looks like:

1. K1.

2. AOS 

3. ROC (i751 form)

4. (Optional) n400- naturalization. 

 

You have to file i751 in 90 days window before the date of your conditional green card expiration. The approval currently takes 12 to 18 months. During this time your n400 window will open and you can file it also and have it processes at the same time with i751. You can also wait, since naturalization isn't mandatory. I751 is mandatory though. 

 

 

Edited June 18, 2018 by Roel

[J/G 85]

17 hours ago, caliliving said:

when did you get your 2 year greencard? you need to be a GREENCARD holder for 3 years before you can get citizenship!

you can still work, nothing changes.  so december 2020 you can get your citizenship!  i think you need to remove conditions for your greencard and then apply for your n400 once you have the GC for 3 years.

 

the difference is greencard holder vs citizensbhip

I've been a green card holder as of 26 December 2017. Thank I'll respond to your message ASAP. 

X.

J/G

[J/G 85]

17 hours ago, Airman said:

1. 90 days prior to the expiration of my Green Card should I apply for I-751 or N-400?: You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident.
2. Would someone care to explain the difference between the I-751 and N-400?: I-751 is removal of condition on your green card whereas N-400 is application for citizenship, You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a U.S. citizen.
3. Will this coming application -- be it I-751 or N-400 -- be the last application I'd ever submit to the US Govt. regarding my citizenship status?: I-751
4. I'm currently working full-time and while waiting for my application (I-751 / N-400) to be approved, I'm still legally able to work right?: Nothing Changes, you are free to work.  

Hi Airman -- 

Thank you. Just to confirm when you mention the "Second Anniversary" you're referring to the expiration date of my GC right? and NOT my second wedding anniversary. On my GC it says that the expiry date is 26 December 2019, so at least by 26 September 2019 my application should have been received at the USCIS office. Am I correct??

THANK YOU for clearing up the I751 and N400. 

Best,

J/G

 

 

 

 

16 hours ago, mushroomspore said:

I-751 is for REMOVAL OF CONDITIONS & N-400 is for CITIZENSHIP. Major diffrrence. You NEED to file I-751 first. You have a 2-year conditional green card. The I-751 removes the conditions and grants you a 10-year UNconditional GC. Your legal permanent resident status does NOT change during I-751 processing time and you get an extension letter that is good for 18 months and serves as a "green card". I-751 processing times are so long now that many people end up filing N-400 and the two forms get adjudicated together because most of us are allowed to apply for citizenship under the 3-year permanent residency rule. Since you adjusted status through marriage to US citizen, you are eligible under this. Meaning, you can apply for citizenship once you hit 3 years as a permanent resident.

 

Do NOT file N-400 early and do NOT file it first and do NOT forget to file the I-751 with supporting evidence. Also, serious question: did your IO not explain this to you after your AoS interview???? 

Mushtoomspore --

First, love the name!!

Second, Thank you for your response and good counsel.

Third, no. The IO did not explain this to us. Our AOS interview was not conclusive. The USCIS / IO misplaced the original approved I-129F and cannot make any decision then. She gave me the white slip with a check on "Your case is being held for review." She told us that she'll get back to us in 2 weeks at the latest and exactly on the 15th day my Green Card arrived. Boom. Shakalaka. If she did explain about the I-751 then I probably have mentally checked out, as it was a very emotional day... But I'm 98% sure we were not furnished with this information. 

Best,

J/G

 

16 hours ago, geowrian said:

Not "should", but one is required to do so. Late filings can be accepted with a valid reason, but failure to file is cause for revoking LPR status.

 

1. I-751 is to show that you entered the marriage in good faith, and results in conditional permanent resident status being lifted, and a 10 year green card being granted. N-400 is to apply for naturalization to become a US citizen.
   1. You cannot be granted citizenship until your conditional permanent resident status is removed via the I-751 (although you can file for the N-400 once you meet the requirements even if the I-751 is still pending).
   2. One requirement for filing the N-400 under the 3 year rule is that you must have been a green card holder while married to a USC for 3 years. You can file up to 90 days early. Note that you must both be a green card holder AND married to the same USC while in marital union for the 3 year period prior to filing the N-400 under the 3 year rule...otherwise you can file under the 5 year rule.
2. Depends...but assuming you want to maintain your permanent residency within the US, you need to file the I-751. If you later want to become a citizen, you must file an N-400.
   1. If you want to petition for another family member, obviously that has its own paperwork, including show evidence of your LPR or citizenship status.
3. Yes.
   1. I suggest going to the SSA to get an unrestricted green card, which can be used alongside a state ID or driver's license to show eligibility to work (instead of relying on the green card).

I

Geowrian --

Thank you for your good counsel. On your #3 point did you meat to write Unrestricted Social Security Card? I applied for one following my receiving of my conditional GC. It's the SSN card that does not say "Only valid for employment if accompanied with EAD". Am I correct? I also passed my driving test 2 weeks ago, so I'm waiting for my DL to arrive. 

THANK YOU.

Best,

J/G

 

 

16 hours ago, Roel said:

Too make it look simple, this is how k1 path looks like:

1. K1.

2. AOS 

3. ROC (i751 form)

4. (Optional) n400- naturalization. 

 

You have to file i751 in 90 days window before the date of your conditional green card expiration. The approval currently takes 12 to 18 months. During this time your n400 window will open and you can file it also and have it processes at the same time with i751. You can also wait, since naturalization isn't mandatory. I751 is mandatory though. 

 

 

Roel -- 

 

THANK YOU. Short and sweet! 

Best,

J/G

[mushroomspore 3,044]

@J/G Ok gotcha. Usually the IO explains this process at the end of the interview but if she needed to review your case, then she most likely didn't explain. It is REALLY good you asked because the I-751 is CRUCIAL. You wish to become a citizen and you NEED to file the I-751 before the N-400. There have been a few cases here on VJ of people not filing I-751 for various reasons. It leads to a very stressful situation in which you must appear in court. You'll be fine now that you got the rundown on all of it. 

[geowrian 22,338]

1 hour ago, J/G said:

Geowrian --

Thank you for your good counsel. On your #3 point did you meat to write Unrestricted Social Security Card? I applied for one following my receiving of my conditional GC. It's the SSN card that does not say "Only valid for employment if accompanied with EAD". Am I correct? I also passed my driving test 2 weeks ago, so I'm waiting for my DL to arrive.

Yes, that's what I meant. Long day. haha

That's the correct Social Security card. You're set there.

Congrats!