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no need to worry. your failure to fill up the AR-11 has to be knowing and willful for it to be punishable. you filed as soon as you discovered you were required to do so, thus you should be in good shape.

Diamonds, only 1 USC parent is required to pass citizenship, so long as the child is in the legal & physical custody of that parent.

Just as a sidebar, if you live in a jurisdiction covered by the US Court of Appeals of the Second Circuit, a recent ruling was made that the continuous residence requirement applies until the day of the oath. http://bit.ly/bBCTLM

Except in this case, OP's wife will not be getting an immigrant visa and will not be subject to the visa bulletin as spouse of a USC.

Ravi, You can have both I-130 and I-140 petitions pending at the same time. With respect to which one will take longer, is the employment-based petition for EB-3? If so, which country? The most likely scenario given your wife's priority date of January 2008, and assuming it is for EB-3 she will...

avit, The 4 year + 1 day rule begins when you return to resume residence. If your trips are significantly lengthy enough to determine that you've broken continuous residency, the clock will reset each time you return so tread carefully. /s

ugh. here comes the mad rush of applications.

Sree, that sounds right and probably what is done in practice. Or they can apply 4 years plus 1 day instead of 90 days prior regardless of how long they've been a GC holder, but won't be able to take their oath until the 5th year anniversary.

Agreed. I assume that you still need to meet the 5 year requirement right?

Under the provision cited below, you can apply 4 years and 1 day after you return to resume permanent residence from a trip of more than 1 year, assuming you did not have an N-470. That would approximately be on May 16, 2013. 8 C.F.R. 316.5 (1) Absence from the United States ... (ii)...

darkwds, you will be asked to hand in your GC before taking your oath and on that day

Sounds like your lawyer should shoulder the costs of refiling. Actually under both of your scenarios above, an LPR applying for N400 based on marriage can apply on the basis of 3 years of being a resident, provided that on the day of filing the LPR has to have been married for 3 years, which...

Congratulations to you and your wife yaro77!

haha you are correct, thanks!

from 8 CFR 319.1: (a) Eligibility. To be eligible for naturalization under Section 319(a) of the Act, the spouse of a United States citizen must establish that he or she: (1) Has been lawfully admitted for permanent residence to the United States; (2) Has resided continuously...

from 8 USC 1185: (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the...

rebeccali65, you need to do both 1) and 2) since only a court can do the name change.

locod64, Barring derivative citizenship, as baikal3 mentioned, you need to speak to an attorney re: your green card options. However, bear in mind that you may not be able to adjust your status since you apparently entered without inspection. Furthermore, you may be barred from admission because...

locod64, You need to consult with an immigration attorney as well as an attorney familiar with the laws of the Dominican Republic. as far as i see it, the issue is whether you are legitimated by your USC father either under the laws of the United States or the laws of the Dominican Republic...

locod64, what about your mom? what is her status and is/was she married to your father at the time of your birth?