ROC with waiver due to deceased spouse

[Blondie0216 93]

Good afternoon, 

I applied for ROC in 2022 with waiver  after losing my US spouse in 2021.  I have since remarried and am wondering about filing for Citizenship.  I have been in the USA Now for 5 years.  Was married in July of 2019, lost my spouse to covid in Sept of 2021.  Is it ok to apply while ROC is still pending. .  Any tips are greatly appreciated.    I am working full time, make more than the amount required and add my husbands info i am well over the threshold. 

 

Thank you in advance. 

 

[jackiegringa 419]

29 minutes ago, Blondie0216 said:

I have been in the USA Now for 5 years. 

From your timeline you became a green card holder in 2020, is that correct? If so, you will be able to apply for citizenship in early 2025. And yes, it is okay to apply for citizenship with ROC processing however by the time you apply it should probably be done since it will be close to three years.

Edited June 24 by jackiegringa

[Blondie0216 93]

32 minutes ago, jackiegringa said:

From your timeline you became a green card holder in 2020, is that correct? If so, you will be able to apply for citizenship in early 2025. And yes, it is okay to apply for citizenship with ROC processing however by the time you apply it should probably be done since it will be close to three years.

Yes i got it in Nov 2020.  I  knew if you were married you could apply at the 3 years but I wasn't sure if his passing would affect when i could apply.   Thank you for your response. 

[OldUser 6,613]

33 minutes ago, Blondie0216 said:

Yes i got it in Nov 2020.  I  knew if you were married you could apply at the 3 years but I wasn't sure if his passing would affect when i could apply.   Thank you for your response. 

You cannot apply under 3 year rule when the US citizen spouse passes away. You can technically apply under 3 year rule based on marriage to your current spouse after 3rd anniverary of your marriage. But it doesn't make sense, because at that point you will be LPR for 5+ years which will allow you to naturalize under general provision with less hassle. 

 

 

[Blondie0216 93]

1 hour ago, OldUser said:

You cannot apply under 3 year rule when the US citizen spouse passes away. You can technically apply under 3 year rule based on marriage to your current spouse after 3rd anniverary of your marriage. But it doesn't make sense, because at that point you will be LPR for 5+ years which will allow you to naturalize under general provision with less hassle. 

 

 

Ok thank you. So I can apply in 2025, 90 days before my original permanent resident card Date of Nov 17, 2020?  

 

Thank you 

[OldUser 6,613]

26 minutes ago, Blondie0216 said:

Ok thank you. So I can apply in 2025, 90 days before my original permanent resident card Date of Nov 17, 2020?  

 

Thank you 

Looks like earliest you can apply is August 19, 2025. Add a few days to be on a safe side, so maybe August 21, 2025. That's assuming you meet all other requirements such as no trips over 6 months, spent more than 30 months in the US in the last 5 years, filed taxes, lived for 3+ months in USCIS district you're applying from, have good moral character etc.

[Blondie0216 93]

15 minutes ago, OldUser said:

Looks like earliest you can apply is August 19, 2025. Add a few days to be on a safe side, so maybe August 21, 2025. That's assuming you meet all other requirements such as no trips over 6 months, spent more than 30 months in the US in the last 5 years, filed taxes, lived for 3+ months in USCIS district you're applying from, have good moral character etc.

Thank you for your help.  Yes I do meet all that criteria!    Do you know if it takes as long for citizenship as ROC? I'm betting longer. 

[OldUser 6,613]

39 minutes ago, Blondie0216 said:

Thank you for your help.  Yes I do meet all that criteria!    Do you know if it takes as long for citizenship as ROC? I'm betting longer. 

Right now citizenship cases are going fast, due to upcoming election. Nobody knows how things will be in 2025 after the election. It's likely things will slow down. Are you planning on sponsoring somebody for GC (parents etc)? If you have Canadian passport, US passport won't feel much different travel wise 😊

[Blondie0216 93]

16 minutes ago, OldUser said:

Right now citizenship cases are going fast, due to upcoming election. Nobody knows how things will be in 2025 after the election. It's likely things will slow down. Are you planning on sponsoring somebody for GC (parents etc)? If you have Canadian passport, US passport won't feel much different travel wise 😊

My adult daughter has thought about moving here but nothing is definite.  I do have my Canadian passport.  Hopefully it's not as slow as the ROC.  Almost 2 full years and waiting. 

[OldUser 6,613]

7 minutes ago, Blondie0216 said:

My adult daughter has thought about moving here but nothing is definite.  I do have my Canadian passport.  Hopefully it's not as slow as the ROC.  Almost 2 full years and waiting. 

It won't be fast for an adult child either way unfortunately. Let's hope nothing happens after November. I might be filing later in 2024 or early 2025 myself...

[Blondie0216 93]

1 hour ago, OldUser said:

It won't be fast for an adult child either way unfortunately. Let's hope nothing happens after November. I might be filing later in 2024 or early 2025 myself...

Good luck when you do file!  It will be nice to have it all done!

[Dashinka 24,483]

10 hours ago, Blondie0216 said:

My adult daughter has thought about moving here but nothing is definite.  I do have my Canadian passport.  Hopefully it's not as slow as the ROC.  Almost 2 full years and waiting. 

Depends completely on your local office, but in general, N400's are much faster than the I751 process as the N400 tends to be prioritized.  Also to add, if filing online, I agree with @OldUser, give yourself a day or two after your 90 day window opens as there are some glitches with the system that seem to mess with submission dates.

 

Good Luck!

[Blondie0216 93]

1 hour ago, Dashinka said:

Depends completely on your local office, but in general, N400's are much faster than the I751 process as the N400 tends to be prioritized.  Also to add, if filing online, I agree with @OldUser, give yourself a day or two after your 90 day window opens as there are some glitches with the system that seem to mess with submission dates.

 

Good Luck!

Thank you.  I am in Texas and they are slow. 

[Dashinka 24,483]

3 minutes ago, Blondie0216 said:

Thank you.  I am in Texas and they are slow. 

7-8 months depending on the office based on an 80% completion of cases.

 

Good Luck!

 

https://egov.uscis.gov/processing-times/

[Blondie0216 93]

4 minutes ago, Dashinka said:

7-8 months depending on the office based on an 80% completion of cases.

 

Good Luck!

 

https://egov.uscis.gov/processing-times/

Thank you!