Filing for N-400 while waiting for AOS on GC (K1)

[Detron 15]

Hey there,

 

So my AOS process (based on K1) is currently on-going. We've received the I-797 note that extends the permanent residency to an additional 18 months after the expiry date stated on the front of the GC.

While waiting for the AOS on GC to be processed I'll also be qualifying in all requirements for N-400 (did the USCIS flowchart checks). 

 

Is a lawful permanent resident waiting for an on-going AOS to be processed allowed to apply for N-400 after the 3 year mark? Or do we have to wait for the AOS on GC process to be finished?

 

[Ben&Zian 4,398]

Some others can correct me if I'm wrong, but the 3 year eligibility is based off the actual date of the green card, which is the date it is issued, not the date of the NOA1 for AOS. While waiting for AOS, you're not a permanent resident, just in an authorized status to remain in the US.

 

So while technically you may have been waiting for so long, if you received your GC tomorrow, the date issued on it, say a week prior, would be the date for your 3 years to begin.

Edited March 14, 2019 by Ben&Zian

[Crazy Cat 41,854]

Your timeline shows you have applied for Removal of Conditions......you are not in the AOS process.

 

[Detron 15]

Theoretically if the first conditional GC "issued date" is longer than 3 years now (based on K1). Isn't the clock ticking from the first issued GC date (permanent resident status) and not based on the second 10-years version of it that is still being processed.

 

The timeline is adjusted by me and I haven't updated it

 

Edited March 14, 2019 by Detron

[Ben&Zian 4,398]

Ah yea if you're in ROC then you can file simultaneously. Sounded like you were still awaiting initial GC approval. my bad.

 

[Crazy Cat 41,854]

1 minute ago, Detron said:

The first conditional GC "issued date" is longer than 3 years now (based on K1). The clock is ticking from the first issued GC date. Not the second 10-years version of it that is still being processed.

Your first post is very confusing.  If you filed an I-751, you are not in the AOS process..........

[Crazy Cat 41,854]

Just now, Ben&Zian said:

Ah yea if you're in ROC then you can file simultaneously. Sounded like you were still awaiting initial GC approval. my bad.

 

That is exactly what the OP indicated.........terminology is so important.

[Ben&Zian 4,398]

~Moved to US Citizen Case Filing and Progress Reports as OP is asking about filing N-400 while awaiting ROC~

[Detron 15]

4 minutes ago, missileman said:

That is exactly what the OP indicated.........terminology is so important.

In my original post I said "We've received the I-797 note that extends the permanent residency to an additional 18 months". So yes it's on-going process for AOS (Adjustment of status for permanent resident)

 

The definition of I-797 states:

 

I-797, Notice of Action

Issued when an application or petition is approved.

 

So it has been submitted and waits to be processed. Plus, I-797 is also extending your current GC conditions with 18 months and is also used as an evidence document together with the 1st issued conditional GC.

 

The question though is... Do they count from the first conditional GC or the 2nd one

Edited March 14, 2019 by Detron

[Detron 15]

6 minutes ago, Ben&Zian said:

Ah yea if you're in ROC then you can file simultaneously. Sounded like you were still awaiting initial GC approval. my bad.

 

Thanks Ben&Zian. That's what I thought too. So in other words, permanent resident is a permanent resident regardless where in the process you are. So the 3 years requirement for K1-based GC is from the moment you receive your conditional GC.

[Crazy Cat 41,854]

5 minutes ago, Detron said:

In my original post I said "We've received the I-797 note that extends the permanent residency to an additional 18 months". So yes it's on-going process for AOS (Adjustment of status for permanent resident)

 

The definition of I-797 states:

 

I-797, Notice of Action

Issued when an application or petition is approved.

 

So it has been submitted and waits to be processed. Plus, I-797 is also extending your current GC conditions with 18 months and is also used as an evidence document together with the 1st issued conditional GC.

 

The question thought is... Do they count from the first conditional GC or the 2nd one

Your AOS is NOT ongoing!  It was over when you received the conditional green card!!  You are now in the Removal of Conditions process............but to answer your question......the 3 years starts on the "resident since" date on your 1st green card.

Using correct terminology will yield much better information.

Edited March 14, 2019 by missileman

[Detron 15]

Oh my bad. I'm sorry for mixing it up. Thank you for the clarification and yes it makes sense what you've just said. Alright guys thank you for taking your time to answer this. I appreciate it!

[Crazy Cat 41,854]

3 minutes ago, Detron said:

Oh my bad. I'm sorry for mixing it up. Thank you for the clarification and yes it makes sense what you've just said. Alright guys thank you for taking your time to answer this. I appreciate it!

Good luck.  I will be joining the ROC club in a couple weeks.......

[Dashinka 24,497]

As already stated, yes, the N400 can be submitted while the ROC is in process, and in my opinion I don't know why anyone that plans to naturalize would not do this.  The ROC clock and the N400 clock do not have to run consecutively, so in my opinion, get that N400 clock running as soon as possible.

 

Good Luck!