ROC filed early 2023, received 48 months extension letter, what is next? Can you apply for citizenship in 3 years mark without receiving 10 Years

[display n 5]

Hi,

 

We filed ROC Feb 2023, received 48 months extension letter, what is next? Can you apply for citizenship in 3 years mark after marriage (early 2024) without receiving 10 years residency.

 

How to inquire about the status of the ROC? the extension will expire early 2025. Thank you for your insights.

[OldUser 7,030]

Yes you can apply for citizenship as soon as you become eligible. In ideal situation, USCIS will process both I-751 and N-400 together. In less ideal situation, your N-400 will be stuck until I-751 is decided.

 

Of course, to file under 3 year rule you still need to be married and living in marital union with your US citizen spouse. You must satisfy continuous residency and physical presence requirements, as well as have good moral character etc.

 

 

 

[display n 5]

How about if it is after 3 years of marriage? Do you have to apply before 3 years?

On 5/7/2024 at 12:33 AM, OldUser said:

Yes you can apply for citizenship as soon as you become eligible. In ideal situation, USCIS will process both I-751 and N-400 together. In less ideal situation, your N-400 will be stuck until I-751 is decided.

 

Of course, to file under 3 year rule you still need to be married and living in marital union with your US citizen spouse. You must satisfy continuous residency and physical presence requirements, as well as have good moral character etc.

 

 

 

 

[OldUser 7,030]

5 minutes ago, display n said:

How about if it is after 3 years of marriage? Do you have to apply before 3 years?

 

There's no requirement to apply for N-400 ever. But if eligible and desired, you can apply for it.

 

If you were LPR for over 5 years, you can apply under 5 year rule. It's easier and doesn't require as much evidence or proving marriage. If you're between 3 and 5 years of being LPR, you can, either wait for eligibility under 5 year rule or apply under 3 year rule. In each case you can apply 90 days before anniversary. All other requirements (physical presence, continuous residence, good moral character) apply any time you apply for citizenship.

Edited May 11 by OldUser