Applying for Husband's US Citizenship (Still Waiting for ROC Approval)

[JayMar2019 2,741]

Good Evening,

 

Just a quick question for clarification...my husband filed his ROC in 5/2021 and received is 24 month extension which is due to expire 6/19/2023. We are still, of course, waiting for his approval, but we are now filing is N-400 (yes, I know, I could have filed a while ago, just completely slipped our minds - life has a way of getting in the way LOL).

 

My question is...when we file his N-400, does he get a new extension on his immigration status? Will that new date show up on his NOA he will receive after we file the N-400? Or would we have to request an extension since his 24 months will expire in June 2023 based on the NOA received from the ROC filing?

 

Thank you so much!

[Crazy Cat 41,761]

His status does not change when his extension letter expires.  He remains a legal resident.  Only the evidence of his status expires. USCIS is now issuing 48 month extension letters after submitting an I-751.  He may or may not get one.  If he needs evidence for travel or work, he can contact USCIS for either an infopass appointment or other evidence.  His N-400 receipt, itself, will not auto trigger a new extension letter. 

The good news is that filing an N-400 can push the I-751 for some offices. 

After waiting 40 months for USCIS to process my wife's I-751, she filed her N-400.  Five months later, she had her Naturalization Certificate in hand.

 

Filed I-751 in March 2019

Filed N-400 in Aug 2022

Combo Interview for I-751 and N-400 conducted Dec 2022

Citizenship Oath conducted Jan 2023

Edited February 21, 2023 by Crazy Cat

[JayMar2019 2,741]

12 minutes ago, Crazy Cat said:

His status does not change when his extension letter expires.  He remains a legal resident.  Only the evidence of his status expires. USCIS is now issuing 48 month extension letters after submitting an I-751.  He may or may not get one.  If he needs evidence for travel or work, he can contact USCIS for either an infopass appointment or other evidence.  His N-400 receipt, itself, will not auto trigger a new extension letter. 

The good news is that filing an N-400 can push the I-751 for some offices. See my signature lines for an example.

After waiting 40 months for USCIS to process my wife's I-751, she filed her N-400.  Five months later, she had her Naturalization Certificate in hand.

Thank you for responding.

 

So, he won't get an extension on the NOA1 that he will receive from the N-400? I've read that applying will push his application through faster, but was hoping to get another automatically extension since the last one we received was in 2021 when we filed his ROC! 

 

I'll be filing his N-400 on Thursday online so I can start the end of this immigration journey!

[Crazy Cat 41,761]

2 minutes ago, JayMar2019 said:

Thank you for responding.

 

So, he won't get an extension on the NOA1 that he will receive from the N-400? I've read that applying will push his application through faster, but was hoping to get another automatically extension since the last one we received was in 2021 when we filed his ROC! 

 

I'll be filing his N-400 on Thursday online so I can start the end of this immigration journey!

My wife didn't get a new extension letter when we submitted her N-400. We filed online.  It was a piece of cake.

Edited February 22, 2023 by Crazy Cat

[JayMar2019 2,741]

Just now, Crazy Cat said:

My wife didn't get a new extension letter when we submitted her N-400. We filed online.  It was a piece of cake.

Okay, great information! I will probably have him make an appointment with Infopass between now and May to get his extension letter in case he has to travel back home for anything after June 2023. 

 

I assumed that USCIS would send an automatic update extension to his NOA1 for the ROC but stupid me for assuming! 

 

Thank you so much for your help!

[JayMar2019 2,741]

3 minutes ago, Crazy Cat said:

My wife didn't get a new extension letter when we submitted her N-400. We filed online.  It was a piece of cake.

Last question...your timeline shows you requested a combo interview...that is something you HAVE to do or does USCIS combine the cases automatically?

[Mike E 11,739]

17 minutes ago, JayMar2019 said:

So, he won't get an extension on the NOA1 that he will receive from the N-400?

He will.  It will extend his gc 24 months  from the date of expiration of the gc.  
 

He is owed his 48 month extension letter and I cannot, for the life of me, understand why people are not more aggressive in forcing USCIS to produce it.  If my wife’s extension letter expired without a 10 year gc in hand, I’d be lighting up the phone and chat every day.  

Edited February 22, 2023 by Mike E

[Daphne . 1,852]

23 minutes ago, Mike E said:
 

I cannot, for the life of me, understand why people are not more aggressive in forcing USCIS to produce it.  

People try, really hard!
 

I begged, pleaded, explained that I had international travel planned and asked them to please just send the letter, but they really don’t care.. They have the upper hand and they know it, it is so cruel..

[JayMar2019 2,741]

26 minutes ago, Mike E said:

He will.  It will extend his gc 24 months  from the date of expiration of the gc.  
 

He is owed his 48 month extension letter and I cannot, for the life of me, understand why people are not more aggressive in forcing USCIS to produce it.  If my wife’s extension letter expired without a 10 year gc in hand, I’d be lighting up the phone and chat every day.  

Thank you for responding. So just to clarify, my husband WILL GET another extension when we file his N-400? His current extension came when we filed his ROC in 2021 and that was for 24 months so it's due to expire 6/2023. But you're saying he will get another extension?

 

Trust me I plan on calling them about this but I figured I would come here to get the information quicker lol.

[NorthByNorthwest 344]

22 minutes ago, JayMar2019 said:

Thank you for responding. So just to clarify, my husband WILL GET another extension when we file his N-400? His current extension came when we filed his ROC in 2021 and that was for 24 months so it's due to expire 6/2023. But you're saying he will get another extension?

 

Trust me I plan on calling them about this but I figured I would come here to get the information quicker lol.

No, N-400 does not by itself generate any letters related to LPR status. N-400 and I-751 continue to be treated as two completely separate cases until one of them gets to the top of the pile, at that point the remaining case may well get adjudicated together or soon thereafter. Evidence suggests that recent N-400s are prioritized at the moment with plenty of cases getting adjudicated in around 4 months.

If you have urgent travel and have an expired extension letter you will need to pursue that based on the I-751, a pending N-400 will not help.

[JayMar2019 2,741]

3 minutes ago, NorthByNorthwest said:

No, N-400 does not by itself generate any letters related to LPR status. N-400 and I-751 continue to be treated as two completely separate cases until one of them gets to the top of the pile, at that point the remaining case may well get adjudicated together or soon thereafter. Evidence suggests that recent N-400s are prioritized at the moment with plenty of cases getting adjudicated in around 4 months.

If you have urgent travel and have an expired extension letter you will need to pursue that based on the I-751, a pending N-400 will not help.

Okay, thanks for the clarification. I will have to get my husband an infopass appointment to get an extension should we have to travel after 6/2023.

Edited February 22, 2023 by JayMar2019

[Mike E 11,739]

1 hour ago, JayMar2019 said:

Thank you for responding. So just to clarify, my husband WILL GET another extension when we file his N-400? His current extension came when we filed his ROC in 2021 and that was for 24 months so it's due to expire 6/2023. But you're saying he will get another extension?

He will get another extension letter from the N-400.  It will expire 6/2023. 
 

File N-400.  Pressure USCIS to produce the 48 month extension letter. As it promised.  

[JayMar2019 2,741]

3 minutes ago, Mike E said:

He will get another extension letter from the N-400.  It will expire 6/2023. 
 

File N-400.  Pressure USCIS to produce the 48 month extension letter. As it promised.  

Thank you..I will most certainly do that!

[Sarge2155 4,586]

4 hours ago, NorthByNorthwest said:

No, N-400 does not by itself generate any letters related to LPR status.
 

 

3 hours ago, Mike E said:

He will get another extension letter from the N-400.  It will expire 6/2023. 
 

File N-400.  Pressure USCIS to produce the 48 month extension letter. As it promised.  

Looking at my NOA for my N400 and as @Mike E said filing the N400 does automatically generate another extension letter. I got a 24 month extension for the N400 as well as the 751! Not sure why others have not, but its true they do issue one.

[Sarge2155 4,586]

5 hours ago, JayMar2019 said:

Okay, great information! I will probably have him make an appointment with Infopass between now and May to get his extension letter in case he has to travel back home for anything after June 2023. 

 

I assumed that USCIS would send an automatic update extension to his NOA1 for the ROC but stupid me for assuming! 

 

Thank you so much for your help!

I know you've gotten a lot of confusing answers some say you do not get the new extension letter for the N400 some say you do. Not sure why that happens. But I can assure you my wife got both extensions on her NOA for her 751 and then another for her N400. Just file your N400 and see what happens and go from there. The extension is not an update though they are two separate extensions one for the 751 and another for the N400 they overlap which gave us an additional year after the 751 extension will expire. They both are for 24 months!

Edited February 22, 2023 by Sarge2155