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-   -   Couple of questions (I-751 and N-400) (https://britishexpats.com/forum/marriage-based-visas-35/couple-questions-i-751-n-400-a-932599/)

Maste May 8th 2020 12:10 pm

Couple of questions (I-751 and N-400)
 
Hey guys! Well, the time is slowly creeping up for me to file the I-751 form for removal of conditions. My green card expires in October!

Am I right in that I can send of my I-751 form 90 days before the expiration date on my GC? And once I file it and receive a letter confirming it has reached USCIS, my status as a PR is okay, even if the expiration date passes?

Also, I believe I can apply for citizenship, form N-400, next summer? Is the three years of being married to file based on the date you were married to your US citizen spouse, or the date that your green card states your residency start date? When is the earliest date you can file for N-400?

I'm trying to plan ahead and create reminders so I don't miss any important dates. And the N-400 is something I want to do as the wife and I plan to start a family in the next year or two, so we want to make it an easy thing for the future and not have to worry about anything!

civilservant May 8th 2020 1:02 pm

Re: Couple of questions (I-751 and N-400)
 

Am I right in that I can send of my I-751 form 90 days before the expiration date on my GC? And once I file it and receive a letter confirming it has reached USCIS, my status as a PR is okay, even if the expiration date passes?
Correct. You'll get a letter extending your PR for 18 months. It was changed from 12 months a little while ago because of the backlog at USCIS.


Also, I believe I can apply for citizenship, form N-400, next summer? Is the three years of being married to file based on the date you were married to your US citizen spouse, or the date that your green card states your residency start date? When is the earliest date you can file for N-400?
90 days before the 3 year anniversary of your residency date. As long as you are married to the same USC spouse.

I'm not sure what the current state of play is, but a few months back they were not approving an N400 until the I751 had been adjudicated.

Noorah101 May 8th 2020 2:45 pm

Re: Couple of questions (I-751 and N-400)
 
The N-400 can be filed up to 90 days prior to your 3rd anniversary date as a PR ... AND you have been married to the same USC spouse a full 3 years (3rd wedding anniversary has passed).

The I-751 must be filed within the 90-day window prior to your 2nd anniversary date as a PR. I'd say use the expiry date on the 2 year green card, but sometimes those are wrong.

Rene

Rete May 8th 2020 3:46 pm

Re: Couple of questions (I-751 and N-400)
 

Originally Posted by Noorah101 (Post 12850076)
The N-400 can be filed up to 90 days prior to your 3rd anniversary date as a PR ... AND you have been married to the same USC spouse a full 3 years (3rd wedding anniversary has passed).

The I-751 must be filed within the 90-day window prior to your 2nd anniversary date as a PR. I'd say use the expiry date on the 2 year green card, but sometimes those are wrong.

Rene


:goodpost:

Thanks, Rene, for emphasizing that important condition.

S Folinsky May 8th 2020 6:02 pm

Re: Couple of questions (I-751 and N-400)
 
Practical pointer - do NOT file on the very first of eligibility; wait a week. Why? There is legal dispute on some of the rules (e.g. most related to the “first” and “last” days, which to count or not count, and counting backwards). Filing even one day “early” can be fatal to an application.

I speak from experience.

ivanidea May 10th 2020 5:55 pm

Re: Couple of questions (I-751 and N-400)
 
When I started filling in the N-400 forms online, I started the weekend before (free time), so everything would be ready to submit on the day (wanted to file before any fee increase), the web site said I could not apply due to the date being too early. When I returned the next day to submit, that message was no longer there.

There is a website which will tell you when you can submit the form, based on your day of entry https://www.uscis.gov/forms/uscis-ea...ing-calculator .

When I applied to remove the GC restrictions last year, I too received the letter with the 18 month extension. Amazingly, it took just over 5 months to be processed, approved and receive the new GC. I was also told (by the officer who interviewed me) it was taking 4-6 months for my local office (Tampa) to process citizenship applications. Since Covid-19 is impacting the process, I don't know how long it will take now.

Maste Jul 25th 2020 7:38 pm

Re: Couple of questions (I-751 and N-400)
 
Filling out I-751 ready to send off next week. I am completing Form G-1450 to make credit card payment. I assume I would put the authorized amount as $680 ($595 filing fee & $85 biometrics fee) for a complete total?

Noorah101 Jul 26th 2020 3:41 am

Re: Couple of questions (I-751 and N-400)
 

Originally Posted by Maste (Post 12887194)
Filling out I-751 ready to send off next week. I am completing Form G-1450 to make credit card payment. I assume I would put the authorized amount as $680 ($595 filing fee & $85 biometrics fee) for a complete total?

Yes.

Rene

Maste Jul 26th 2020 3:02 pm

Re: Couple of questions (I-751 and N-400)
 
Thanks Rene.

I prepared myself for a long time of doing paperwork this weekend. I was actually surprised when I was done within 30 minutes, and got all evidence together in that time too. It was much, much easier to complete than the last time around I can tell you that much. And I'm thankful it was!

notaclue Jul 26th 2020 9:58 pm

Re: Couple of questions (I-751 and N-400)
 
FWIW, I filed a year ago to remove. Biometrics are done but no updates since then. Grab a chair.

Maste Jul 30th 2020 10:16 pm

Re: Couple of questions (I-751 and N-400)
 
I-751 mailed off, now the super long waiting game begins I guess. I'm just going to wait for the letter, then forget about the rest until I hear anything at all!

Maste Aug 5th 2020 2:50 pm

Re: Couple of questions (I-751 and N-400)
 
Credit card was charged this AM, so at least I know it was accepted. Now the waiting game begins!

michaelr711 Aug 12th 2020 9:32 pm

Re: Couple of questions (I-751 and N-400)
 

Originally Posted by notaclue (Post 12887797)
FWIW, I filed a year ago to remove. Biometrics are done but no updates since then. Grab a chair.


Yay. I filed back in April and my biometrics were updated May 8th but nothing since then. My check was definitely cashed though.

Maste Aug 26th 2020 2:24 pm

Re: Couple of questions (I-751 and N-400)
 
A
as of yesterday, my case updated to show fingerprints were taken. So no biometrics appointment for me, I guess they pulled it from my AOS application because of Covid? Either way, I guess now the really waiting game begins?

michaelr711 Aug 26th 2020 2:28 pm

Re: Couple of questions (I-751 and N-400)
 

Originally Posted by Maste (Post 12901876)
A
as of yesterday, my case updated to show fingerprints were taken. So no biometrics appointment for me, I guess they pulled it from my AOS application because of Covid? Either way, I guess now the really waiting game begins?

Yeah, that's pretty much what happened to mine I believe. Could be waiting a longgggg time.


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