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Old 09-21-2004, 02:26 PM   #1 (permalink)
Al
 
Posts: 189
Default What after I-751??

I was wondering if someone could let me know the process after your
I-751 has been approved. My wife is waiting for an answer on her
I-751. We have been married for almost 5 years now and we submitted
the I-751 back in 12/02. Just got a letter stating an interview would
occur before years end. My question is what needs to be done after
this. I believe you will an N-400 (not sure if that is what it is
called) to remove the conditional status and make you a permanent
resident. Is this for citizenship? How long do you have to wait for
this? I have read you can apply three years after you have received
your original GC. If this is the case we can apply now. Can we apply
before we get an answer from the INS on the I-751? Thanks.
 

Old 09-21-2004, 02:55 PM   #2 (permalink)
Aguila
 
Posts: 320
Default Re: What after I-751??

    > I was wondering if someone could let me know the process after your
    > I-751 has been approved. My wife is waiting for an answer on her
    > I-751. We have been married for almost 5 years now and we submitted
    > the I-751 back in 12/02. Just got a letter stating an interview would
    > occur before years end. My question is what needs to be done after
    > this. I believe you will an N-400 (not sure if that is what it is
    > called) to remove the conditional status and make you a permanent
    > resident. Is this for citizenship? How long do you have to wait for
    > this? I have read you can apply three years after you have received
    > your original GC. If this is the case we can apply now. Can we apply
    > before we get an answer from the INS on the I-751? Thanks.

AL:

So you finally heard from Newark? When did you get the letter and what
exactly did it state?

Your wife can go ahead and file N-400. The three years minus 90 days
start counting for citizenship since the day she got her conditional
green card. Both petitions can be pending at once, but in order to
have approved the N-400 [citizenship through naturalization] the I-751
must be approved. This way you will be forcing Newark to either a) call
you for an interview before they get the N-400 at their office for
interview, or b) Call you guys for an interview and adjudicate in the
same days both petitions starting first for the I-751.

Do you think your congressman had anything to do with that letter you
got from Newark?
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Old 09-21-2004, 03:38 PM   #3 (permalink)
Rete
 
Posts: 9736
Default Re: What after I-751??

    > I was wondering if someone could let me know the process after your
    > I-751 has been approved. My wife is waiting for an answer on her
    > I-751. We have been married for almost 5 years now and we submitted
    > the I-751 back in 12/02. Just got a letter stating an interview would
    > occur before years end. My question is what needs to be done after
    > this. I believe you will an N-400 (not sure if that is what it is
    > called) to remove the conditional status and make you a permanent
    > resident. Is this for citizenship? How long do you have to wait for
    > this? I have read you can apply three years after you have received
    > your original GC. If this is the case we can apply now. Can we apply
    > before we get an answer from the INS on the I-751? Thanks.

You sound a little confused. Your wife is already a permanent resident.
The N-400 is for naturalization (citizenship) and once you are a citizen
of the US you no longer require permanent residency.

After your I-751 removal of conditions interview, your wife does not
have to do anything until the 10th year when she will renew the plastic
green card. Note, she would not be renewing residency as that does not
end just the card itself. Think of it as a credit card with an
expiration date. Your credit is always there but you can't use it
because you don't have a card. Your residency is always there but you
can't prove it without a new card.

She has been eligible to apply for naturalization from 90 days prior to
December 2003. She did not have to have the conditions removed in order
to be eligible. As long as she met all the other qualifications she
could have filed as early as sometime in September 2003.

So in answer to your question, she can file for naturalization at this
time if that is what she chooses to do. Not everyone wants to become a
US Citizen and that is fine as well.

Good luck on your interview and I do hope they are true to their word
regarding having it scheduled before 2005.

Rete
__________________
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
 
Old 09-22-2004, 03:25 AM   #4 (permalink)
Al
 
Posts: 189
Default Re: What after I-751??

AGUILA <member18343@british_expats.com> wrote in message news:<35$255875$1678663$>...
    > > I was wondering if someone could let me know the process after your
    > > I-751 has been approved. My wife is waiting for an answer on her
    > > I-751. We have been married for almost 5 years now and we submitted
    > > the I-751 back in 12/02. Just got a letter stating an interview would
    > > occur before years end. My question is what needs to be done after
    > > this. I believe you will an N-400 (not sure if that is what it is
    > > called) to remove the conditional status and make you a permanent
    > > resident. Is this for citizenship? How long do you have to wait for
    > > this? I have read you can apply three years after you have received
    > > your original GC. If this is the case we can apply now. Can we apply
    > > before we get an answer from the INS on the I-751? Thanks.
    >
    > AL:
    >
    > So you finally heard from Newark? When did you get the letter and what
    > exactly did it state?

Just a simple letter stating that they had recived my letter form
VSC and that due to the current workload at the office I could expect
to be called for an intrview between now and Nov. This was not a
generated letter as one might expect but rather a letter from a person
answering an inquiry I had sent to them as a certified mail.

    >
    > Your wife can go ahead and file N-400. The three years minus 90 days
    > start counting for citizenship since the day she got her conditional
    > green card. Both petitions can be pending at once, but in order to
    > have approved the N-400 [citizenship through naturalization] the I-751
    > must be approved. This way you will be forcing Newark to either a) call
    > you for an interview before they get the N-400 at their office for
    > interview, or b) Call you guys for an interview and adjudicate in the
    > same days both petitions starting first for the I-751.
    >
    > Do you think your congressman had anything to do with that letter you
    > got from Newark?

I don't know if they had anything to do with it but I will
certianly say it did not hurt. I got the resoponse back soon after
contacting my congressman but I had also written the letter around
that time. It may just be coincidence - not sure. Its surprising how
quick the congressmans office can get a response that would take any
other person months to get.
 
 


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