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

[loscharros 20]

16 hours 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!!

Dont have to bother with i751 - since he already has the GC 10 year, just apply for the n400 and he is good to go! Stay blessed!

[nastra30 2,287]

As others have already alluded to go the online filing route. Much easier  and convenient. All the best with your application.

[TM92 527]

On 8/27/2018 at 2:53 PM, 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... !

Just adding info about green card renewal, http://www.alllaw.com/articles/nolo/us-immigration/applying-citizenship-expired-green-card.html:

Quote

what if you are in the process of applying for U.S. citizenship when the green card expires?

 

It's Possible to Apply for Citizenship With an Expired Green Card

 

A green card is merely evidence of your status. You are still a permanent resident, even if your green card has expired. On that basis, many people have chosen to simply apply for U.S. citizenship after their green card has expired, or not bother to renew the green card if it expires while they're waiting for a USCIS decision on their citizenship application. USCIS policy goes back and forth on how accepting it is of this practice, but lack of a renewed green card should not, by itself, hold up your naturalization approval.

 

It's Safer to Renew Your Green Card First

 

In general, you are expected to carry a valid green card with you at all times, as one of the responsibilities of being a permanent resident. Meanwhile, applying for citizenship or naturalization can be a months-long process. (The exact timeline depends on the office at which you apply.) Spending all that time without a green card could make it difficult to gain employment (or prove your status to your current employer) and to reenter the United States if you travel abroad.

 

If you really don't want to renew, then you're on safest ground if the date that you apply for citizenship is more than six months prior to the date your green card will expire.

Note the "USCIS policy goes back and forth on how accepting it is of this practice" part.

[kimmbo34 9]

thanks again everyone for the replies! ....  we had to get a  3yr transcript sent for the IRS stuff...said it would take about 10 days to receive.... then we will get the N400 filed online...  

[nastra30 2,287]

9 hours ago, kimmbo34 said:

thanks again everyone for the replies! ....  we had to get a  3yr transcript sent for the IRS stuff...said it would take about 10 days to receive.... then we will get the N400 filed online...  

Actually, you can also get your tax transcripts instantly from the IRS website assuming you already haven't looked into this. No waiting needed; all you have to do is set up an account and verify your identity.

https://www.irs.gov/individuals/get-transcript

 

[kimmbo34 9]

nastra30... we tried that but it wasn't going through..my husband tried it several times..so we just said forget it and let's just have them mail it...lol

[nastra30 2,287]

15 hours ago, kimmbo34 said:

nastra30... we tried that but it wasn't going through..my husband tried it several times..so we just said forget it and let's just have them mail it...lol

Haha; at least you tried. All the best with everything.

[Ontarkie 14,225]

~~Moved to US Citizenship Discussion, from ROC - As the OP's husband started off with a 10 GC no need to ROC. ~~