Renew Greencard or Naturalize? Or BOTH??

[Johnnysc 0]

Hi,

My wife has been in the USA since 2007,

came on a K-1 (thanks Visajourney, I never would have got thru all that paperwork without you!). She is a permanent resident and has only been out of the country for about three weeks one trip home. 
  For a long time she has hesitated about applying for citizenship being concerned how it might effect inheriting some property in her home country——-but at last has concluded that she wants to Naturalize. 
We both just noticed that her ‘Greencard’ will expire in about a month so we are wondering———

 

should we apply for Naturalization and just let the greencard situation ride?

 

it seems crazy to apply for a new greencard AND naturalization at the same time——but will an expired greencard have a begative effect on the Naturalization application?

 

thanks Friends!

 

JB 

[Disteny 39]

I myself need to know the answer to your question

[SorrowL 138]

If it’s a 10 year card, then yes, she can file for naturalization (I suggest the 5 year rule) without needing to renew her card. Do note however without a valid card, she cannot easily travel internationally. Also, if her employment changes, getting a new job will be difficult. N400s can take a Year to process.

 

Expiry of a 10 year card does not mean expiry of residence status, just the document expires. USCIS is very adamant in pushing that LPRs should have valid LPR cards, as with an expired one, you cannot immediately easily prove your legal status. It’s a risk you can take, but I don’t suggest it, especially since N400s take a long time. It is also law that she must carry a valid LPR card at all times. 

 

Edited January 26, 2020 by SorrowL

[Johnnysc 0]

On 1/20/2020 at 10:20 AM, ineedadisplayname said:

You are fine. 

File the I-90. https://www.uscis.gov/green-card/after-green-card-granted/renew-a-green-card

 

If you are a permanent resident whose 10-year Green Card has expired or will expire within the next 6 months, you may begin the renewal process by:

Suddenly very quiet here!

no advice at all?

[Lil bear 4,171]

1 minute ago, Johnnysc said:

Suddenly very quiet here!

no advice at all?

Advice as above. Not replacing the card means you gave no way of demonstrating legal presence if needed ... it may take up to 15 months to go through naturalisation so you need to make the decision based on your individual situation. My opinion only .. I would risk being unable to demonstrate my LPR status if I had to. 

[Johnnysc 0]

Ah, SorrowL, I didn’t see your reply, thanks,

she is self employed so work is no problem but it looks like it’s wisest to renew if naturalization takes that long. 
thanks!

 

JB

[Johnnysc 0]

Thanks Lil Bear——so you would skip renewing the greencard?

[ineedadisplayname 496]

16 minutes ago, Johnnysc said:

Suddenly very quiet here!

no advice at all?

I don't remember answering to your question at all. You just took my answer out of context from a different thread and accused me of not giving you advice?

[Johnnysc 0]

Ineedad, 

  I had no intention of accusing you of anything, indeed I am grateful for your input. 
  ‘Quiet in here’ was a general observation not directed at anyone——-and I spoke too hastily since someone had responded. 
I’d be the last person to make a negative comment about anyone here or the group in general since ‘VisaJourney’ gave me the confidence to go through the whole K-1 and following journey. I’d never have attempted it alone. 
I apologize for that moment of impatience and regret that it effected you. 
 

yours,

 

JB

[SorrowL 138]

On 1/26/2020 at 2:57 PM, Johnnysc said:

Ah, SorrowL, I didn’t see your reply, thanks,

she is self employed so work is no problem but it looks like it’s wisest to renew if naturalization takes that long. 
thanks!

 

JB

You COULD apply for naturalization, and go to your local USCIS office (after applying for an appointment via infopass) and request a ADIT stamp, which certifies LPR status (for up to a Year I think?) you could save yourself the cost of the fee until the naturalization is complete. That way you can avoid renewing the card for 500~$. 

Edited January 27, 2020 by SorrowL

[Johnnysc 0]

Thanks SorrowL!

I’ll have to find out what an ADIT STAMP is.