I-751 ROC Filers - January 2023

[Stein 276]

Sent my wife and daughter's 1-751 today.  Fully planning to need to file N-400 before their ROC is completed.

Edited January 11, 2023 by Stein

[OldUser 6,455]

59 minutes ago, Caitlin Kennedy said:

So if my husband got it march 23, 2021, then march 24, 2024? That's if you meet physical presence test, continuous residence test and marital union tests. - What are all these? Part of the 751/400?

Yes, the best time to apply would be around April 1st 2024 to be on a safe side.

 

That's given:

- He did not spend 180+ days out of the US on any given trip

- He lived in the US for at least 18 months in the last 3 years

- He was married and physically lived with same US citizen spouse all this time. And the spouse was US citizen all this time.

[Rearviewmirror 397]

@OldUser I'm interested as to why you said that 3yrs and 1 day is better than the early filing approach for N400?

[OldUser 6,455]

34 minutes ago, Rearviewmirror said:

@OldUser I'm interested as to why you said that 3yrs and 1 day is better than the early filing approach for N400?

Because I've seen reports of IOs wrongfully denying petitions filed at 2 year 9 months mark. I've also seen reports of online N-400 being denied because of USCIS system not processing dates correctly. E.g. somebody filed on 12/21/2020 getting receipt date of 12/20/2020. That one day can be difference between approval and denial. In the grand scheme of things, submitting application 3 years and week from resident since date  VS 2 years 9 months does not make much difference. Think yourself, 20 years later, would it matter you got naturalized in March 2024 or June 2024?

 

It's safer and will make it easier for IO to approve the case instead of borderline decision. Same goes for all other requirements. It's best not file when you had a foreign trip of 180 days exact or if you spent exactly 18 months in the US as oppose to 19-20 months or more.

Edited January 11, 2023 by OldUser

[Rearviewmirror 397]

8 minutes ago, OldUser said:

Because I've seen reports of IOs wrongfully denying petitions filed at 2 year 9 months mark. I've also seen reports of online N-400 being denied because of USCIS system not processing dates correctly. E.g. somebody filed on 12/21/2020 getting receipt date of 12/20/2020. That one day can be difference between approval and denial. In the grand scheme of things, submitting application 3 years and week from resident since date  VS 2 years 9 months does not make much difference. Think yourself, 20 years later, would it matter you got naturalized in March 2024 or June 2024?

 

It's safer and will make it easier for IO to approve the case instead of borderline decision. Same goes for all other requirements. It's best not file when you had a foreign trip of 180 days exact or if you spent exactly 18 months in the US as oppose to 19-20 months or more.

Makes sense in terms of the buffer period of a few days.

 

I’d like to be able to vote in 2024 so plan to file at the 2yrs 9 months (plus one day) mark! I also want the I-751 process over as fast as possible. 

[Rocio0010 5,579]

2 hours ago, Rearviewmirror said:

@OldUser I'm interested as to why you said that 3yrs and 1 day is better than the early filing approach for N400?

First, you can’t file prior to the 90 days. It’s going to be denied and you’ll be out of the filing fee. 
Second, people apply on the exact same day their window opens but it still gets denied. My theory is that receiving computers are in PST so they are three hours earlier than us. I’ve read of people applying right after midnight and still get rejected.

[Chancy 6,241]

4 hours ago, Rearviewmirror said:

I'm interested as to why you said that 3yrs and 1 day is better than the early filing approach for N400?

 

Actual case on why filing after 3yrs+1day reduces risk of N-400 denial -- https://www.visajourney.com/forums/topic/781869-n400-case-denied-for-3-years-marital-union-after-evidence-submitted/?do=findComment&comment=10656014

 

[Rearviewmirror 397]

4 minutes ago, Chancy said:

 

Actual case on why filing after 3yrs+1day reduces risk of N-400 denial -- https://www.visajourney.com/forums/topic/781869-n400-case-denied-for-3-years-marital-union-after-evidence-submitted/?do=findComment&comment=10656014

 

We've been married since early 2020 (and would be filing N400 in January of 2024), so I don't think this reasoning applies? I was referring to 2yrs 9 months of being a permanent resident.

[OldUser 6,455]

36 minutes ago, Rearviewmirror said:

We've been married since early 2020 (and would be filing N400 in January of 2024), so I don't think this reasoning applies? I was referring to 2yrs 9 months of being a permanent resident.

Ideally you need 3 years 1 day of both. Then your chance of confused IO denying is much lower.

Edited January 11, 2023 by OldUser

[Rearviewmirror 397]

1 minute ago, OldUser said:

Ideally you need 3 years 1 day of both.

Where are you getting that from? It is contradicted here - https://www.uscis.gov/forms/uscis-early-filing-calculator
 

In other news, my case got accepted and got the SMS today.

Edited January 11, 2023 by Rearviewmirror

[Caitlin Kennedy 67]

7 minutes ago, Rearviewmirror said:

Where are you getting that from? It is contradicted here - https://www.uscis.gov/forms/uscis-early-filing-calculator
 

In other news, my case got accepted and got the SMS today.

we sent ours last night, and USPS said it was received at 6 am this morning in carol stream, IL. we should then receive a text any day then they will send to TBD service center 

[Caitlin Kennedy 67]

sorry if someone has asked this before, so since my husbands gc expires in march - do we show his employment the extension letter proving he can work / stay here?

[Rearviewmirror 397]

45 minutes ago, Caitlin Kennedy said:

sorry if someone has asked this before, so since my husbands gc expires in march - do we show his employment the extension letter proving he can work / stay here?

They should not ask for this unless he changes employer. If he does change employer, all he needs is an unrestricted social security card and state drivers license (two acceptable pieces of evidence for I-9).

[just113 5]

Check or money order? I am considering using USPS money order.

[Rearviewmirror 397]

5 hours ago, just113 said:

Check or money order? I am considering using USPS money order.

I think either is fine = just make sure you follow these instructions (look at the how to fill your check instructions) - https://www.uscis.gov/forms/filing-fees

 

They cashed my check as well, so once I get the I-797 the long wait begins. I included the original slip from my GC with my application, not sure if that has sped up them inputting it into the system or not.

Edited January 12, 2023 by Rearviewmirror