Apply for Citizenship while condition is being removed?

[diadromous mermaid 36]

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship. Once the condition is removed by all means apply for citizenship.

For further information you can contact the law offices of Chris Ingram at

wwww.breakthroughusa.com.

I don't agree. In my opinion, the requirements for naturalisation are clearly detailed in Section 316 and 319 of the INA. Permanent residency, is permanent residency. There are many cases where the I751 is adjudicated at the same time as the N400. Once one has the 2.9 years of PR, as long as one has been married to a USC for 3 years and the spouse has been a USC for all of those 3 years, and all other requirements relative to naturalisation are met, one is not restricted from applying to naturalise just because the I751 has not yet been adjudicated. I wonder if Chris can provide a link to the INA where is states that one requirement for naturalisation is that a conditional PR have successfully removed conditions?

[meauxna 15]

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship. It should not

take very long to have the condition removed if the case is filed properly

fully documented. The cases that take the longest are those where the

applicant failed to provide substantial documentation and merely submitted

the I-751 form with insufficient documentation. These cases can drag on for

years. Whereas well documented cases can take a few months to be determined.

Once the condition is removed by all means apply for citizenship.

This is not correct; it has been documented many times that an N-400 application will actually jump start a stalled I-751. The N-400 can't be approved without I-751 being approved, but there are many reports of them being adjudicated in the same sitting.

There is also no proven relationship between the size of an I-751 and its processing time, or rather, if there is, I would certainly be interested in evidence for it. My reading has not shown any difference between a 15 page submission and a 115 page submission.

I was under the impression you can still apply even if the I-751 wasn't approved yet regardless. It basically just an application, it doesn't mean they'll look at it until the I-751 is complete though. If means you can be added into the N-400 Queue earlier and then if it comes up and your I-751 isn't complete yet, you just hold that spot until it does go through and then boom, then they can start your N-400.

So basically all it means is you can get your N-400 lined up to be looked at while your I-751 is being processed, that is all it means I think. This would save time rather then waiting for the I-751 and then applying after it finally gets approved and then being in the back of the N-400 list. If the I-751 fails, they just pull your N-400 application...

warlord, your impression is correct. Should the N-400 be pulled up for adjudication (a District Office function), the case file will show the I-751 pending (a Service Center function), the officer can transfer that I-751 into the DO (where interviews are done) and handle it at the Natz interview (see alt.visa.us.marriage-based for personal experiences).

Candidates for naturalization may file N-400 on schedule, regardless of the pending status of the I-751.

[Yodrak 7]

Aussielad,

Nothing at all like Matthew Udall. He provided correct information.

Yodrak

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship. It should not

take very long to have the condition removed if the case is filed properly

fully documented. The cases that take the longest are those where the

applicant failed to provide substantial documentation and merely submitted

the I-751 form with insufficient documentation. These cases can drag on for

years. Whereas well documented cases can take a few months to be determined.

Once the condition is removed by all means apply for citizenship.

For further information you can contact the law offices of Chris Ingram at

wwww.breakthroughusa.com.

I hope this aint another Matt Udall....last thing we need on here