ian-mstm

What happens if you cut it too close to the deadline? Answer = nothing! It doesn't make one whit of difference. As long as you file within the 90-day window, you fulfill your legal obligation and preserve your status as a PR until such time as the I-751 is adjudicated.

Ian

Leyther

That is correct, you will receive a 12 month extension letter in the mail.

Yes, the jist is that currently you have a two year, conditional green card and to receive an unconditional, 10 year GC-- you must first remove the conditions and you do so by filing Form I-751


I believe that what Ian was trying to communicate is that you can file for naturalization within the 90 day window of your 3rd anniversary of becoming a Permanent Resident-- regardless of if your Form I-751 has been adjudicated.

To put it this way, say you file Form I-751 and after X amount of time you are still waiting for a decision *and* the time has come were you are now eligible to file for naturalization, you can go ahead and file even without an adjudicated I-751.

ian-mstm

Yes, of course... but the I-751 need not be adjudicated in order for you to file the N-400.

Ian

Leyther

Ian, you are correct-- absolutely nothing happens if you file on day 1 of 90 or day 89 of 90-- I was just referring to those little things that happen in life that can sometimes make us side-tracked when it comes to these events and times.

I just meant that it would be prudent to file earlier, just incase something comes up later.

ian-mstm

Ah... yes, I agree 100%.

Ian

frambuesas

That makes it clear. Thank you!

RICH

Just to add, in case it is not obvious, there is no REQUIREMENT to file the N400 for citizenship at all. You are good to stay as PR for the duration of the 10 year Green Card, and continue renewing it indefinitely. Lots of factors to consider regarding taking Citizenship. But that conversation can wait for couple of years time.

frambuesas

I know. I think I probably will want to, especially if we're raising a family out here. I would like to know that part of my bureaucratic life is behind us! I take it once you have a 10 year GC that you don't have to live the majority of the year in the US, as per the 2 year GC? That was one of the things I was thinking about because obviously I don't want to lose the right to be over here when we've not yet made our minds up where we will be settling.

I imagine there's a thread on this, so I'm off to search for it.

Leyther

This is another topic entirely, but basically you need to make the U.S. permanent home-- search "abandonment of permanent residency" and you should hit a few thousands threads from various forums, also take a look at Form I-131 for extended periods outside of the US.

It should also be noted that to be eligible for naturalization, there are also residency requirements. Basically residency requirements are something you will have to live with until you naturalize since only USC's can live outside of the U.S. for extended periods of time without risk.

frambuesas

Okay, I will have a look. Thanks!

RICH

You just listed arguably the 3 biggest reasons FOR taking Citizenship ASAP. The majority time in US rule (of thumb) does NOT change, unless you are a Citizen. As I said , it's moot for 2/3 years yet. I just wanted to emphasize that the "90 day window" mentioned for applying for citizenship opens 90 days before 3rd anniversary, but it does not close after 90 days.

frambuesas

Thanks, I've got it. I think I will use these next 2 years and 9 months to make that decision with my husband. We shall see!

ian-mstm

Yes, you do. Even with a 10-year card, you can lose your status as a PR.


That right comes only with citizenship. That right does not come with PR status.

Ian

frambuesas

That was my understanding. I don't see the disadvantage of becoming a citizen, other than the time and money it takes, of course. And the forms. The security it brings, especially with a family, must be wonderful.

jeffreyhy

You take it wrong. Where did you get this requirement for a conditional PR to have to live the majority of the year in the USA?

A PR, conditional or not, has to maintain their place of permanent residence that they do not intend to abandon in the USA. That does not necessarily mean that they have to be in the USA for the majority of the year.

Regards, JEff