Can we do either I751 or N400 or do we have to do both?!

[kimmbo34 9]

Hey guys.... It has been a long time since I have been here in Visa Journey... We used the K-3 process for my husband coming from Canada in 2008...  Living life and time is flying and just looked at his green card and it's expiring soon so here I am trying to figure out our next step!!... He wants to go for citizenship N-400... can we just go ahead and file for that...?  or do we have to do the I751 process first?? ...   In a bit of a panic mode honestly thought we had more time before it expires... (March 2019)...Thank you in advance!!

[WeGuyGal 1,052]

If he has a conditional 2-year green card, he has no choice but to file i751 first. 

 

N400 comes about a year later while living in marital union to the same USC spouse. 

[mushroomspore 3,044]

6 minutes ago, kimmbo34 said:

Hey guys.... It has been a long time since I have been here in Visa Journey... We used the K-3 process for my husband coming from Canada in 2008...  Living life and time is flying and just looked at his green card and it's expiring soon so here I am trying to figure out our next step!!... He wants to go for citizenship N-400... can we just go ahead and file for that...?  or do we have to do the I751 process first?? ...   In a bit of a panic mode honestly thought we had more time before it expires... (March 2019)...Thank you in advance!!

Wait, so when was his GC issued? You say 2008, which was 10 years ago. And his GC is just now expiring, which suggests it was a 10-year GC. That means he does NOT have to do I-751.

 

I-751 is ONLY for CONDITIONAL permanent residents who are issued 2-year GC's because they were married for less than 2 years at the time of approval. 

[nastra30 2,287]

9 minutes ago, kimmbo34 said:

Hey guys.... It has been a long time since I have been here in Visa Journey... We used the K-3 process for my husband coming from Canada in 2008...  Living life and time is flying and just looked at his green card and it's expiring soon so here I am trying to figure out our next step!!... He wants to go for citizenship N-400... can we just go ahead and file for that...?  or do we have to do the I751 process first?? ...   In a bit of a panic mode honestly thought we had more time before it expires... (March 2019)...Thank you in advance!!

If he had his green card in 2008, and he has had the green card since up until this point then I certainly believe he has a full permanent green card and obviously you guys have been married for more than 3 years. Therefore you should file N400 and don't bother yourself with I751. So you need to absolutely confirm that his green card is not a conditional green card. To repeat you only need to file I1751 if green card is conditional which I doubt but you should confirm.

[kimmbo34 9]

yes he has a 10 year Green Card.... I've been out of the USCIS loop for so long...reading everything now... ok so we can just go ahead and file the N-400 for Citizenship then now... thanks for the replies... !

[mushroomspore 3,044]

Just now, kimmbo34 said:

yes he has a 10 year Green Card.... I've been out of the USCIS loop for so long...reading everything now... ok so we can just go ahead and file the N-400 for Citizenship then now... thanks for the replies... !

Good thing you asked because if you filed I-751, USCIS would have just taken your money and then denied the application. They don't give refunds.

[kimmbo34 9]

yes we have been married for 16 1/2 years... I went through the Canadian Immigration process and moved there and we were married in 2002... then in 2007 we filed his US Immigration paperwork...he was approved and we moved to the US (Las Vegas) in 2008.... We do all the paperwork ourselves no attorney...so I am usually really good at my research... was just in panic mode for a little bit when I saw that expiration date...lol

[kimmbo34 9]

yes I know..no refunds!  ..   I love how it says I am still a newbie..lol... I was in here EVERY day during the K-3 process...!

[nastra30 2,287]

6 minutes ago, kimmbo34 said:

yes he has a 10 year Green Card.... I've been out of the USCIS loop for so long...reading everything now... ok so we can just go ahead and file the N-400 for Citizenship then now... thanks for the replies... !

BTW, since you've been out of the USCIS loop for a while. Just FYI, now you can actually file N400 online and submit documentation on online.

 

[kimmbo34 9]

that was actually going to be another question I had...if people still did it snail mail or preferred to file online.... !  lol... as I sit here surrounded with a PILE of all of our K-3 REAL paperwork spread out....couldn't find our REAL marriage certificate only copies... finally found it...lol

[WeGuyGal 1,052]

Online n400 is easy and convenient. Scan/upload the docs and pay with a credit card. 

[kimmbo34 9]

yes  I do like the online option now... wasn't available in 2007 when we went through the K-3....

[Name O Boy 511]

He is eligible to file for N-400 as mentioned above. In fact, he was eligible for citizenship 7 years ago.  Since he has been a permanent resident for 10 years he does not have to submit a lot of evidence. The online filling is very convenient. Best wishes 

[kimmbo34 9]

we knew he could have applied for it a few years ago but he was still deciding if that was what he really wanted to do.....😊 and thanks hopefully it's pretty smooth sailing with this process for us.. ..we got stuck in a backlog during our K-3 Visa...!

[EM_Vandaveer 2,408]

7 hours ago, kimmbo34 said:

we knew he could have applied for it a few years ago but he was still deciding if that was what he really wanted to do.....😊 and thanks hopefully it's pretty smooth sailing with this process for us.. ..we got stuck in a backlog during our K-3 Visa...!

He can keep his Canadian citizenship, too.