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Filed: AOS (apr) Country: Philippines
Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

YMMV

Filed: Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

Filed: AOS (apr) Country: Philippines
Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

Not that I am aware of....

You need to submit an I-751..... This is very important because you are currently deportable

YMMV

Filed: Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

YOU WILL NOT BE ABLE TO GET AN I-551 STAMP.

If you have not filed I-751 (Removal of conditions) BEFORE the 2 year CR-green-card expiration, USCIS will consider you have abandoned your LPR status, and can deport for this.

When Should I File Form I-751?

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.

http://www.uscis.gov/files/form/I-751instr.pdf

TIME TO SEEK THE ADVICE OF AN IMMIGRATIONS ATTORNEY! ASAP!

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

Not that I am aware of....

You need to submit an I-751..... This is very important because you are currently deportable

So I should fill out that form and the i-90? Is there anything else I should do?

Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

Not that I am aware of....

You need to submit an I-751..... This is very important because you are currently deportable

So I should fill out that form and the i-90? Is there anything else I should do?

TIME TO SEEK THE ADVICE OF AN IMMIGRATIONS ATTORNEY! ASAP!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted

In addition, if I am not mistaken they only allow up to a 60 day grace period for late filers.... however, late filings are not always accepted to be adjudicated unless there is a compelling reason for the late filing.

YMMV

Filed: AOS (apr) Country: Philippines
Timeline
Posted
I have been married to a US Citizen for almost 4 years - and I've had a greencard for over 2 years, it expired 2 months ago and I'm wondering if I can apply for citizenship?

nope... you must be a resident for 3 years if filing for citizenship on the basis of a continuing marriage to a USC.

I hope you have applied to remove conditions on your expired card

I haven't done that - what do I do? I read that I can get a i-551 stamp to travel up to a year so can I get the conditions removed and apply for citizenship early to avoid paying double the fees?

Not that I am aware of....

You need to submit an I-751..... This is very important because you are currently deportable

So I should fill out that form and the i-90? Is there anything else I should do?

I-90 gets you no where.....

YMMV

Posted

Hope someone can move this to the Removing Conditions forum.

Yes, it's extremely important that you file the I-751 as soon as possible. You'll need to gather evidence of your marriage for the last 2 years to show the bonafide nature of the relationship. In addition you may wish to consult with an attorney since you are likely outside the 'grace' period usually afforded for 'forgetting' to file the I-751. You can look at a similar thread recently discussed in the forum http://www.visajourney.com/forums/index.php?showtopic=206310

Hope this helps and good luck...

AOS: ND - June 5 2006 | RFE - June 15 2006 | FP Notice - June 30 (Rescheduled to Sept 16) | AP ND - August 14 2006| Walk-in FP - Sept 5 (FP cleared next day!) | Interview - Sept 8 2006 (Approved!) | Welcome Letter - Sept 13 | EAD received - Sept 19 (kinda moot since I'm waiting for GC) | GC received - Sept 23 2006 - Woohoo!!

I-751: 06/10/08 Mailed package to VSC direct (per memo instructions) not TSC. The wait begins... | 06/11/08 Package received at VSC (12.12pm) | 06/19/08 Check cashed | 06/20/08 Received NOA1 in the mail - ND is 06/17/08 | 07/10/08 Received Biometrics Appt Letter - ND is 7/7/08 | 07/22/08 Biometrics (had to do ink & paper also...) | 07/22/08 Touched | 07/23/08 Touched | 02/11/09 Transferred to CSC (got email)... | 02/12/09 Touched | 02/20/09 Touched (but no email) | 03/24/09 Approval letter arrives in the mail! Approval date is 3/18/09 from VSC | 04/03/09 Received card, postmarked 3/31 from CSC

N-400: 06/11/09 Mailed to Lewisville Lockbox | 06/12/09 Package received at Lockbox and signed for at 1.31pm | 06/18/09 Check Cashed | 06/19/09 NOA, PD 06/12/09 | 07/06/09 Biometrics letter received, ND is 07/02/09 | 07/24/09 Biometrics appointment | 08/06/09 IL received, ND 08/03/09 | Interview 09/14/09 at 9.30am (approved!) | Oath 10/21/09 | USC

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)
So I should fill out that form and the i-90? Is there anything else I should do?
NO, I-90 is for replacement of LOST green-cards, or renewal of a UN-CONDITIONAL 10 YEAR GREEN_CARD.

You have LOST YOUR LPR STATUS.

TIME TO SEEK THE ADVICE OF AN IMMIGRATIONS ATTORNEY! ASAP!

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Posted

You don't need to file an I-90, that's to renew your card. You need to 'remove the conditions' on your conditional 2 year green card.

AOS: ND - June 5 2006 | RFE - June 15 2006 | FP Notice - June 30 (Rescheduled to Sept 16) | AP ND - August 14 2006| Walk-in FP - Sept 5 (FP cleared next day!) | Interview - Sept 8 2006 (Approved!) | Welcome Letter - Sept 13 | EAD received - Sept 19 (kinda moot since I'm waiting for GC) | GC received - Sept 23 2006 - Woohoo!!

I-751: 06/10/08 Mailed package to VSC direct (per memo instructions) not TSC. The wait begins... | 06/11/08 Package received at VSC (12.12pm) | 06/19/08 Check cashed | 06/20/08 Received NOA1 in the mail - ND is 06/17/08 | 07/10/08 Received Biometrics Appt Letter - ND is 7/7/08 | 07/22/08 Biometrics (had to do ink & paper also...) | 07/22/08 Touched | 07/23/08 Touched | 02/11/09 Transferred to CSC (got email)... | 02/12/09 Touched | 02/20/09 Touched (but no email) | 03/24/09 Approval letter arrives in the mail! Approval date is 3/18/09 from VSC | 04/03/09 Received card, postmarked 3/31 from CSC

N-400: 06/11/09 Mailed to Lewisville Lockbox | 06/12/09 Package received at Lockbox and signed for at 1.31pm | 06/18/09 Check Cashed | 06/19/09 NOA, PD 06/12/09 | 07/06/09 Biometrics letter received, ND is 07/02/09 | 07/24/09 Biometrics appointment | 08/06/09 IL received, ND 08/03/09 | Interview 09/14/09 at 9.30am (approved!) | Oath 10/21/09 | USC

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hope someone can move this to the Removing Conditions forum.

Yes, it's extremely important that you file the I-751 as soon as possible. You'll need to gather evidence of your marriage for the last 2 years to show the bonafide nature of the relationship. In addition you may wish to consult with an attorney since you are likely outside the 'grace' period usually afforded for 'forgetting' to file the I-751. You can look at a similar thread recently discussed in the forum http://www.visajourney.com/forums/index.php?showtopic=206310

Hope this helps and good luck...

agreed moving accordingly

YMMV

 
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