N-400 based on 3 year rule

[OldUser 6,738]

28 minutes ago, Dags said:

yes that's what I did - i'm still on 2 years extension letter. and 3 years anniversary is coming mid Feb. 

Why do you only have 2 year extension? USCIS been sending 48 month letters for newly filed and pending cases for a while now.

[EllisAndRenz 196]

3 hours ago, Dashinka said:

You do not have to wait for the ROC to be completed to file the N400 if you desire to naturalize.  Sometimes filing the N400 kick starts the ROC (YMMV), but in the end, if naturalization is the ultimate goal, there is no reason to wait to file.

 

I think we will do this.  I am reading here that there is an online application form?  I don't need to mail a stack of papers and documents this time?  

 

[EllisAndRenz 196]

18 minutes ago, OldUser said:

Why do you only have 2 year extension? USCIS been sending 48 month letters for newly filed and pending cases for a while now.

 

I had to pull it out and look.  You are correct.  It's 48 months.  

FYI: Republic of Korea didn't recognize or honor the letter and instead went by the expired date on her green card.  Denied her admission.  So be careful.  Seems the only country guaranteed to recognize it as a valid extension is the USA.

 

[OldUser 6,738]

4 minutes ago, EllisAndRenz said:

Seems the only country guaranteed to recognize it as a valid extension is the USA.

 

Not guaranteed either, unfortunately.

[EllisAndRenz 196]

Follow-up question on this thread:

I just went thru the N400 eligibility tool.  Wife's green card is dated 10/13/20.  Tool says she is not yet eligible.  I thought it was three years?

 

[OldUser 6,738]

5 minutes ago, EllisAndRenz said:

Follow-up question on this thread:

I just went thru the N400 eligibility tool.  Wife's green card is dated 10/13/20.  Tool says she is not yet eligible.  I thought it was three years?

 

1. Did she have any trips over 6 months outside of the US since becoming an LPR?

2. Are you a US citizen?

3. Did she answer questions correctly?

Edited January 29 by OldUser

[Crazy Cat 41,919]

9 minutes ago, EllisAndRenz said:

Follow-up question on this thread:

I just went thru the N400 eligibility tool.  Wife's green card is dated 10/13/20.  Tool says she is not yet eligible.  I thought it was three years?

 

I just ran the tool using 10/13/20.  She qualifies based on that unless she had trips longer than 6 months outside the US or you have moved to a different USCIS district in the last 3 months. 

[OldUser 6,738]

Just now, Crazy Cat said:

I just ran the tool using 10/13/20.  She qualifies based on that unless she had trips longer than 6 months outside the US or you have moved to a different USCIS district in the last 3 months. 

Or the OP hasn't been a US citizen for the last 3 years which he should, since she went through K-1

[Dashinka 24,527]

4 minutes ago, Crazy Cat said:

I just ran the tool using 10/13/20.  She qualifies based on that unless she had trips longer than 6 months outside the US or you have moved to a different USCIS district in the last 3 months. 

What date did you actually use in the calculator.  I always found it funny as when I put in 10/13/2020, it showed me the earliest filing date of 7/13/2020, but when I put in 10/13/2023 I get the real date she could file early assuming she met all the other requirements.

[Crazy Cat 41,919]

8 minutes ago, Dashinka said:

What date did you actually use in the calculator.  I always found it funny as when I put in 10/13/2020, it showed me the earliest filing date of 7/13/2020, but when I put in 10/13/2023 I get the real date she could file early assuming she met all the other requirements.

I used the N-400 eligibility tool.  I marked this range:

Naturalization Eligibility Tool | USCIS

Edited January 29 by Crazy Cat

[EllisAndRenz 196]

20 minutes ago, OldUser said:

1. Did she have any trips over 6 months outside of the US since becoming an LPR?

2. Are you a US citizen?

3. Did she answer questions correctly?

1. NO

2. Yes

3. I filled it out correctly on her behalf.

 

I did some more digging.  Apparently, that form will always kick back "may not be eligible" for anything under five years.  But following their "path to citzenship" link, it clearly states three years if married to a US citizen.  So I guess I'll just get her to submit it.  

4 minutes ago, Crazy Cat said:

I used the N-400 eligibility tool.  I marked this range:

Naturalization Eligibility Tool | USCIS

 

That's the range I plugged in as well.

[EllisAndRenz 196]

16 minutes ago, OldUser said:

Or the OP hasn't been a US citizen for the last 3 years which he should, since she went through K-1

I was born here.  🙂 

 

35 minutes ago, OldUser said:

Not guaranteed either, unfortunately.

 

You mean they might not let her back in the country with that letter?  
I really wish they'd just issue a new card. 

[Dashinka 24,527]

27 minutes ago, EllisAndRenz said:

I was born here.  🙂 

 

 

You mean they might not let her back in the country with that letter?  
I really wish they'd just issue a new card. 

If she suspects an issue, she can request an ADIT stamp in her passport.

[OldUser 6,738]

5 hours ago, EllisAndRenz said:

I did some more digging.  Apparently, that form will always kick back "may not be eligible" for anything under five years. 

I don't think it's the case. I answered all questions based on your scenario and it showed eligible. You either answered something incorrectly or she's not eligible on some criteria based on your answers.

 

Remember to answer everything from your wife's perspective. She is the one applying for N-400. She's the petitioner and beneficiary  Did you answer question about being married to US citizen correctly?

 

My answers if I was your wife based on 3 year rule:

 

- Were one or both of your parents a U.S. citizen when you were born?

- No

 

- How old are you?

- 18 or older

 

- Are you a member of the U.S. armed forces?

- No

 

- Are you a lawful permanent resident?

- Yes

 

- When did you become a lawful permanent resident?

- Between April 28, 2019 and April 28, 2021

 

- Are you married to a U.S. citizen?

- Yes

 

- Have you been married for 3 years or longer?

- Yes

 

- Has your spouse been a U.S. citizen for 3 years or longer?

- Yes

 

- Have you left the United States in the past 3 years?

- Yes

 

- Have any of your trips outside of the United States been longer than 6 months?

- No

 

Result:

 

"You may be eligible to apply for naturalization."

 

I don't think this form would ever tell you "Yes, you're eligible". It says "may be eligible" because there are other neuances to immigration process and form cannot evaluate everything.

 

 

 

Edited January 29 by OldUser

[Crazy Cat 41,919]

5 hours ago, EllisAndRenz said:

I did some more digging.  Apparently, that form will always kick back "may not be eligible" for anything under five years.

It didn't when I tried using your info.

 

Parent USCs-No
18 or older
Armed services-No
Lawful perm resident- Yes
Between April 28, 2019 and April 28, 2021
Married to a USC- Yes
Has your spouse been a USC for 3 years or longer- Yes
Left the US in last 3 years- Yes
Any trips longer than 6 months- No
 

 

Edited January 29 by Crazy Cat