What's after getting approved for Green Card?

[b911 16]

Hello, I just got approved for Green Card. I was curious what would be the next steps.

 

I entered the US in March 2020 on K1 visa.

Married in March 2020 as well.

Submitted i-485 Application in May 2020.

Green card got approved in July 2021. It will be conditional green card as it's less than 2 years of marriage. -- When can I file i-751? I searched and it says 90 days before 2 years of green card expiry date. I haven't received my card yet, but will expiry date be +2 years since I got married or since I submitted application or since I got approved?

And then when can I file N-400? I searched and found it's after 3 years of marriage anniversary (regardless what the expiry date on green card is)?

 

Thank you.

[mushroomspore 3,044]

15 minutes ago, b911 said:

Hello, I just got approved for Green Card. I was curious what would be the next steps.

 

I entered the US in March 2020 on K1 visa.

Married in March 2020 as well.

Submitted i-485 Application in May 2020.

Green card got approved in July 2021. It will be conditional green card as it's less than 2 years of marriage. -- When can I file i-751? I searched and it says 90 days before 2 years of green card expiry date. I haven't received my card yet, but will expiry date be +2 years since I got married or since I submitted application or since I got approved?

And then when can I file N-400? I searched and found it's after 3 years of marriage anniversary (regardless what the expiry date on green card is)?

 

Thank you.

1. Your green card will expire 2 years since you got approved. It would be illogical to tell people that they have been a permanent resident since the date of their marriage or application submission. That means they would have been entitled to work authorization and travel privileges since marriage or application submission, but marriage and AOS submission does not grant immigration benefits. You also have no immigration benefits or any official legal status while AOS is pending. And since AOS takes so long, what would be the point of back-dating the green card? If they did it that way, most people would have file I-751 in about a year since it already takes about one year to complete AOS. 

 

2. For I-751, your filing window opens 90 days before your green card's expiry date. There's a filing calculator for N400 that you can use on USCIS' website to calculate your I-751 window. Google it.

 

3. Not sure where you found that info about 3 years after marriage anniversary but it's completely wrong and please only take info from USCIS' official website (every form has their own instruction packet) and/or VJ as this site is truly the most up-to-date on US immigration policies. Again, it is illogical to allow N400 filing 3 years after marriage. Your N400 window opens 90 days minus the 3-year or 5-year anniversary of your AOS approval. If people were allowed to file 3 or 5 years after marriage, previous AOS applicants would have that first "freebie year" where they were not a permanent resident and had no real legal status in the US. Why should that time count towards their citizenship's residency requirements? It cannot.

Edited July 23, 2021 by mushroomspore

[b911 16]

1 minute ago, mushroomspore said:

1. Your green card will expire 2 years since you got approved. It would be illogical to tell people that they have been a permanent resident since the date of their marriage or application submission. That means they would have been entitled to work authorization and travel privileges since marriage or application submission, but marriage and AOS submission does not grant immigration benefits. You also have no immigration benefits or any official legal status while AOS is pending. And since AOS takes so long, what would be the point of back-dating the green card? If they did it that way, most people would have file I-751 in about a year since it already takes about one year to complete AOS.

 

2. For I-751, your filing window opens 90 days before your green card's expiry date. There's a filing calculator for N400 that you can use on USCIS' website to calculate your I-751 window. Google it.

 

3. Not sure where you found that info about 3 years after marriage anniversary but it's completely wrong and please only take info from USCIS' official website (every form has their own instruction packet) and/or VJ as this site is truly the most up-to-date on US immigration policies. Again, it is illogical to allow N400 filing 3 years after marriage. Your N400 window opens 90 days minus the 3-year or 5-year anniversary of your AOS approval. If people were allowed to file 3 or 5 years after marriage, previous AOS applicants would have that first "freebie year" where they were not a permanent resident and had no real legal status in the US. Why should that time count towards their citizenship's residency requirements? It cannot.

 

Thank you so much for detailed explanation.

[mushroomspore 3,044]

3 minutes ago, b911 said:

 

Thank you so much for detailed explanation.

No problem and make sure to save your filing window dates somewhere. Set a reminder, especially for I-751. For N400, I also wanna add that if you file under the 3-year rule, you must have been a permanent resident for at least 3 years and married to the same US citizen for at least 3 years. N400 also has physical presence requirements, so I strongly suggest keeping very good records of all trips outside of the USA until you become a citizen. 

[b911 16]

4 minutes ago, mushroomspore said:

No problem and make sure to save your filing window dates somewhere. Set a reminder, especially for I-751. For N400, I also wanna add that if you file under the 3-year rule, you must have been a permanent resident for at least 3 years and married to the same US citizen for at least 3 years. N400 also has physical presence requirements, so I strongly suggest keeping very good records of all trips outside of the USA until you become a citizen. 

Yes, that's a good idea to set an alert.

For N400, you need to be present in US for at least half of the time, correct?

[mushroomspore 3,044]

14 minutes ago, b911 said:

Yes, that's a good idea to set an alert.

For N400, you need to be present in US for at least half of the time, correct?

All info about that is right here: Continuous Residence and Physical Presence Requirements for Naturalization | USCIS

 

Just to be clear, physical presence and continuous residence requirements are more than just about how much time you've been in the US and how much time you've been out. The main thing about this point is that you must be residing in the same district in which you file N400 for at least three months before filing. For example, if you live in New York City but then move to Los Angeles and file N400 in Los Angeles after only 1 month, your application will be denied.

 

Also keep in mind that while you are a permanent resident, absences of about a year or more can cause issues with CBP when you attempt to return. Only an immigration judge can revoke your permanent resident status, but obviously you don't want it to come to that nor do you want any reason for CBP to single you out or be hardcore towards you. Technically yes, N400 requires you to be present in the USA half the time but do not take that to mean you can stay in the USA for 18 months and then leave for 18 months, come back and file N400 under the 3-year rule without issues. This pathway will cause issues for you and would undoubtedly lead to denial. There are some people who are exempt from physical presence and continuous residence (see the above link) but they're pretty specific exceptions (things like military, certain industries that require international work/travel, etc).

 

Sorry to throw all this info at you but obviously this is important and knowledge is power. An immigration judge, CBP and any other US government official will not take, "I didn't know" as an excuse.

 

Edited July 23, 2021 by mushroomspore

[b911 16]

12 minutes ago, mushroomspore said:

All info about that is right here: Continuous Residence and Physical Presence Requirements for Naturalization | USCIS

 

Just to be clear, physical presence and continuous residence requirements are more than just about how much time you've been in the US and how much time you've been out. The main thing about this point is that you must be residing in the same district in which you file N400 for at least three months before filing. For example, if you live in New York City but then move to Los Angeles and file N400 in Los Angeles after only 1 month, your application will be denied.

 

Also keep in mind that while you are a permanent resident, absences of about a year or more can cause issues with CBP when you attempt to return. Only an immigration judge can revoke your permanent resident status, but obviously you don't want it to come to that nor do you want any reason for CBP to single you out or be hardcore towards you. Technically yes, N400 requires you to be present in the USA half the time but do not take that to mean you can stay in the USA for 18 months and then leave for 18 months, come back and file N400 under the 3-year rule without issues. This pathway will cause issues for you and would undoubtedly lead to denial. There are some people who are exempt from physical presence and continuous residence (see the above link) but they're pretty specific exceptions (things like military, certain industries that require international work/travel, etc).

 

Sorry to throw all this info at you but obviously this is important and knowledge is power. An immigration judge, CBP and any other US government official will not take, "I didn't know" as an excuse.

 

Very interesting. A lot of helpful information. Looks like I have a lot to research. Thank you again.