I-751 September 2022 Filers

[JenIE 402]

3 minutes ago, Crazy Cat said:

To clarify:  You can apply for citizenship, as the spouse of a US citizen, 3 years minus 90 days from the time you became a Green Card Holder.    That applies to those who entered the US via a CR-1 as well as those who adjusted status. 

Ah thanks for the clarification! I knew you could do it for the CR-1, but I had read this bit regarding N-400:

Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400

 

But I found the page where it also mentions the 90 day early filing provision

The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required 3-year period of continuous residence

 

In our case, I knew we were eligible this Fall, but unlike getting the ROC approved, getting the N-400 filled out doesn't seem as time sensitive so I hadn't looked up if this form could also be filed early. I just knew that it was based on the date you became a Green Card Holder, not the date of marriage.

[Crazy Cat 41,608]

3 minutes ago, JenIE said:

Ah thanks for the clarification! I knew you could do it for the CR-1, but I had read this bit regarding N-400:

Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400

 

But I found the page where it also mentions the 90 day early filing provision

The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required 3-year period of continuous residence

 

In our case, I knew we were eligible this Fall, but unlike getting the ROC approved, getting the N-400 filled out doesn't seem as time sensitive so I hadn't looked up if this form could also be filed early. I just knew that it was based on the date you became a Green Card Holder, not the date of marriage.

A person can file 90 days early, but you cannot take the oath until you have met the 3 year or 5 year legal resident requirement. 

[JenIE 402]

1 minute ago, Crazy Cat said:

A person can file 90 days early, but you cannot take the oath until you have met the 3 year or 5 year legal resident requirement. 

Given how slowly the USCIS has been known to operate, I imagine that's not much of a risk for most people 😂

[Indy Sab 174]

my husband  came to the US with a K1, got married in 09/13/2019. Green card 09/14/2020. 

Edited February 14, 2023 by Charlys&Indy

[Indy Sab 174]

i have another question... my husband has two under minor children in Colombia... can he claim them while doing his N400? 

[Indy Sab 174]

On 2/8/2023 at 6:26 PM, Fe.Ta said:

Third inquiry expires in 3 days and nothing on biometrics.  Called Infopass and it did not yield any results.  We are in the waiting game.  Meanwhile, other cases are getting approved in 6 months.  SMH.

i have made about 4 inquiry and nothing yet.... 

[OldUser 6,474]

6 minutes ago, Charlys&Indy said:

i have another question... my husband has two under minor children in Colombia... can he claim them while doing his N400? 

Children could become naturalized whenever he becomes a US citizen. But that only works if they live in his custody in the US. So he could sponsor them for Green Cards now as a father. Did he list them in his immigration paperwork? If not, it's a big problem.

Edited February 14, 2023 by OldUser

[Indy Sab 174]

On 2/8/2023 at 6:37 PM, BJM-SSM said:

My case never updated for biometrics too but I got info pass for stamp passport and officer told me my biometrics re-used it and haven’t showed up on my end yet. But when the time I can file for citizenship comes so I don’t care about I-751 no more. 

did you get the extension letter? do we need the stamp? how do we do that?

[Indy Sab 174]

Just now, OldUser said:

Children could have become naturalized when he becomes a US citizen. But that only works if they lived in his custody in the US. So he could sponsor them for Green Cards now as a father. Did he list them in his immigration paperwork? If not, it's a big problem.

Yes he did list his children when applying for green card.... but the kids live in Colombia

[Indy Sab 174]

Just now, OldUser said:

Children could have become naturalized when he becomes a US citizen. But that only works if they lived in his custody in the US. So he could sponsor them for Green Cards now as a father. Did he list them in his immigration paperwork? If not, it's a big problem.

they have been listed in every paper work he has done... since K1 visa, his kids have been motioned in his applications.... from K1 to AOS to ROC.... it is a must you mention your kids and let USCIS you have kids

Edited February 14, 2023 by Charlys&Indy

[Fe.Ta 874]

2 minutes ago, Charlys&Indy said:

did you get the extension letter? do we need the stamp? how do we do that?

You will be getting a new extension letter in the next 1-2 months that extends the GC for 48 months.  You won’t need the stamp.  Also, if you file the N400 in September-October, you will probably get citizenship  before the 48-month extension expires.

[Fe.Ta 874]

5 minutes ago, Charlys&Indy said:

i have made about 4 inquiry and nothing yet.... 

Yeah, we will not be doing any more.  We are waiting on the new extension letter.  Then, we will think whether or not we will apply for N400 before 751 is approved.

[OldUser 6,474]

5 minutes ago, Charlys&Indy said:

Yes he did list his children when applying for green card.... but the kids live in Colombia

Unless they're in the US they cannot become US citizens or GC holders through their father.

Edited February 14, 2023 by OldUser

[Indy Sab 174]

4 minutes ago, Fe.Ta said:

You will be getting a new extension letter in the next 1-2 months that extends the GC for 48 months.  You won’t need the stamp.  Also, if you file the N400 in September-October, you will probably get citizenship  before the 48-month extension expires.

I think he will be eligible to submit application in June of this year... since he became a US resident in 09/14/20

[Indy Sab 174]

so let me get this clear.... some of us are still waiting for fingerprint?