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  • Citizenship eligibility

    Can a person married to a USC file N-400 after 2,9 years if he/she hasn't received the green card yet up to that moment? Thanks!

  • #2
    Can a person married to a USC file N-400 after 2,9 years if he/she hasn't received the green card yet up to that moment? Thanks!

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    • #3
      One can file N400, 2 years and 9 months after the AOS approval. So you have to have your status adjusted to a LPR.

      Comment


      • #4
        I can tell you: no! They say that technically you can, and they even had a proposal that they said that they'll accept the application without having completed the adjudication, but in the real world, that don't happen. Someone trying to apply the very day she becomes eligable, puts a lot of suspicious actually!

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        • #5
          I'm actualy asking for a friend of mine. She has been married for 3 years now, was illegal before that. Got her EAD card, but not a green card or interview yet. Do you think she is eligible to apply for citizenship?

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          • #6
            In order to be ebligible for naturalization one has to be a permanent resident of the US. She has a EAD but it seems she is not approved for AOS by INS. So she can not apply for it.

            As soon as she takes her interview and gets approved, 2 year 9 month time will start for naturalization...

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            • #7
              Thanks everyone, so no N-400 until after the interview? I wonder why is she waiting for that interview for such long time?!

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              • #8
                I appreciate your responces.

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                • #9
                  the interview don't matter: completing the interview does not mean one is adjudicated! It could be rejected 3 yrs. later! What matters is the date that's on the actual green card that proves the application and adjudication having been favorably decided. Many people will tell you, as I can from my own experience, that they had their interview this and this date (say May1999) but the green card they received in a few months or a few years, shows that they've been a permanent resident alien since (August1999).

                  During naturalization, you absolutly have to have the actual plastic in hand!

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                  • #10
                    Time for citizenship starts ticking the day AOS is stamped on the passport. Because that is date of AOS. Sometimes, original GC is delayed due to some administrative processing or a person has changed the address or the same has been mishandled at Post office. After getting a stamp on the passport, if a person does not receive his original GC then it is advisable that the person should contact INS.
                    Good luck to everybody.

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                    • #11
                      Is the AOS before or after the interview?

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                      • #12
                        AOS which means Adjustment of Status. It is done at an interview and passport is stamped for AOS. This interview is also called Green Card Interview.
                        Good luck.

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                        • #13
                          Thanks!

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