ROC filler October 2022

[Oscariom bun 0]

Hi everyone, 

Good day!

I received my extention letter valid for 24 months. We plan to travel next year outside the country for 3 weeks - maybe. 

Questions: 

Aside from extention letter, expired Gc and passport ...what do I need to bring?

Will this be enough?

Is there any problem I will encounter on my entry back to the country?

When will be the best time to apply for N400?

 

Thanks 😊  I will appreciate all your responses. 

[IWander 589]

46 minutes ago, Oscariom bun said:

Hi everyone, 

Good day!

I received my extention letter valid for 24 months. We plan to travel next year outside the country for 3 weeks - maybe. 

Questions: 

Aside from extention letter, expired Gc and passport ...what do I need to bring?

Will this be enough?

Is there any problem I will encounter on my entry back to the country?

When will be the best time to apply for N400?

 

Thanks 😊  I will appreciate all your responses. 

Suitcase?

 

It's best to apply for citizenship anytime after you become eligible 

[Mike E 11,739]

Due to inane questions from CBP, we travel with an original marriage  certificate 

Edited November 17, 2022 by Mike E

[OldUser 6,659]

@Oscariom bun you can travel no problem.

You can apply for citizenship as soon as you are eligible. You should only apply within the US even if you do the online N-400 form.

[Oscariom bun 0]

Thank you!

I'm K1...some said I can apply anytime if I am already 3 years married with my petitioner but some said ..wait until I get my 10 yrs gc.🤔

Edited November 17, 2022 by Oscariom bun

[OldUser 6,659]

1 minute ago, Oscariom bun said:

Thank you!

I'm K1...some said I can apply anytime if I am already 3 years married with my petitioner but some said ..wait until I get my 10 yrs gc.🤔

That's a whole another question. I don't understand how you can have both expired green card and K1.

 

My understanding is (correct me if I'm wrong).

You are a conditional resident. You came to the US on K1 visa, filed for Adjustment of Status (I-485 and other forms), got conditional green card. You then filed I-751 jointly with your spouse to remove conditions, right?

[OldUser 6,659]

@Oscariom bun You can file for naturalization under 3 year rule if:

 

- You have been a permanent resident (Resident Since date on green card) for 3 years

- You have been married to US citizen for 3 years. It's the same spouse and all this time they were US citizen. And you're still married and live together

- You spent enough time in the US (physical presence test). Which I believe is 18 months in the 3 year period since you became a permanent resident

- You did not leave country for 6 months or more since you became a permanent resident

 

[Oscariom bun 0]

Thanks for your time and for all the info..

Yeah, I came here with K1 visa. 

[Oscariom bun 0]

1 hour ago, OldUser said:

That's a whole another question. I don't understand how you can have both expired green card and K1.

 

My understanding is (correct me if I'm wrong).

You are a conditional resident. You came to the US on K1 visa, filed for Adjustment of Status (I-485 and other forms), got conditional green card. You then filed I-751 jointly with your spouse to remove conditions, right?

 

[Oscariom bun 0]

Yeah..k1 visa and now filling for ROC. Same petitioner. Never leave the country since I got here November 2019. Will be exactly married for 3 years next month.

[OldUser 6,659]

@Oscariom bun what's your Resident Since date on conditional green card?

Add 3 years to that.

That's when you can file for citizenship if all conditions I listed above are met.

[Oscariom bun 0]

My Permanent Residence card is January 2021... the earliest possible to apply for N400 is on 2024..is that correct?  I met all the above-mentioned conditions.

[OldUser 6,659]

3 minutes ago, Oscariom bun said:

My Permanent Residence card is January 2021... the earliest possible to apply for N400 is on 2024..is that correct?  I met all the above-mentioned conditions.

The earliest you can file is 3 years minus 90 days. So some time in October 2023 would be the earliest (depending on exact date in January 2021 your residency started). But it's best to just apply any time after 3 years from Resident Since date in January 2024.