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!

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

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.

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.

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

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

:goodpost:

Thanks, Rene, for emphasizing that important condition.

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.

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.

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?

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

Yes.

Rene

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!

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.

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!

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!

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

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

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?

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

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

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

Case update today - but it's only been moved to another office instead. I guess the backlog at the original office was too much so it got moved. Waiting continues, no doubt!

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

There is always waiting with USCIS......

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

Now I'm confused -

Today in the mail I got a I-797C asking me to attend a biometrics appointment on 12/22/2020.... However, on 08/25/2020 it said they had taken my Biometrics from my previous time getting them done for the green card and that it was completed.

What do I do in this situation?

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

Either contact the office which sent the letter or go to the interview

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

Wait, now my case just literally updated to new card is being produced as of just now!

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

Perhaps your I-751 has been adjudicated without biometrics and the new card is being produced.

Perhaps the biometric appointment is associated with the N-400 application. The biometrics appointment letter should say what application it's for.

Rene

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

It had been adjudicated in August (status update) without biometrics as they updated my case way back then, hence my confusion by this letter today (with no update about it online).

The biometric cannot be for the N400 as I haven't filed that one yet! It says it for the I-751, but they already took that. I assume with the online card being produced update I can ignore the biometric letter?

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

I would never ignore a notice from USCIS. Screw ups can escalate quickly and if you do not comply with something they have asked you to do (no matter if it is contrary to what they had previously told you) it's on you, not them.

Get on the phone and clarify.

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

I agree with civilservant, even if it's a PITA to drive to the appointment if you have no luck on the phone, I'd just go.

Congrats though, you followed a similar timeline as me, although I'm now waiting on the Biometric notice from the N400, hoping they just reuse like they did for my ROC.

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

I'll try contacting the office.

My case online updated again this time to 'Case was approved'. No updates online mention a letter for biometrics being sent out!

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

Update online today says my card has been mailed out.

I still plan to call the office regarding the letter I received to be on the safe side though!

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

Green card delivered today! Officially took 4.5 months from application to card in hand. Next step is the N400 next summer! :)

I'm assuming I can ignore that biometric appointment letter now for sure...?

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

I would still phone them tomorrow and check.

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

I stand by my previous statement. Do so at your own peril.

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

I called, the agent was confused as I was as to why I had a biometrics appointment letter when all they could see on their end was that my card had been produced and delivered. They informed me they have no record of a biometrics letter being sent to me, and that I should disregard that letter.

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

During this mess of a process they lost several important pieces of my paperwork, including the application. Having not had the paperwork during my N400 interview for the I-751 (my family was still present in the building) interview, they even had the cheek to try and call my family in during the pandemic to conduct the I-751 process once they, finally, relocated said paperwork. That was firmly rejected and they conceded and apologized (once you get through to a competent officer).

Honestly it was a shambles from start to finish, and this all started well before the pandemic.

As someone else said, grab a chair, and good luck!