Need advice i751, N-400

[Dpeter736 4]

Hello everyone I just found this site today. I am very frustrated with this process. I have been married to my wife for 3 years and 1 month. I filled for the I-751 July of last year and received an RFE two months ago and have heard nothing back. Now I have been a resident since September 2010 and I am wondering when I should file for the N-400? I have read that I must wait on approval of ROC first. But then I read of people filing while they are still waiting on approval. Does anyone have the correct answer or advice for me. As I just graduated from college and can't work my dream job since it requires citizenship. So this is extremely frustrating as both my wife and I would like to get a place of our and start our lives on our own. I appreciate any help. Thank you.

[Inky 1,110]

There is no requirement to wait for ROC to be finished first.

In fact if you can file for your citizenship then file it. It will force them to complete your ROC filing.

[BrightandLight 1]

smile

[Dpeter736 4]

So you think I should file ? And was anyone who filed in July 2012 hear back from them yet ?

[Inky 1,110]

So you think I should file ? And was anyone who filed in July 2012 hear back from them yet ?

If you are within your window to file yes, file right away.

[Dpeter736 4]

So I just called them and I was told if I dont receive approval by the 1 year mark of when I filed the I-751, I should go ahead and file the N-400 at that time. So looks like I will wait till July. Hopefully by then i will have the approval. The lady said that she will also notify them because I am over the normal time frame and that i should hear something in the next 15 days.

[DNIEPU 7]

You are eligible to file N-400, citizenship, immediately after- 90 days before 3 years anniversary since you first granted Resident (Conditional, in your case) status. So, if you got your first green card in September 2010, you are eligible to apply for citizenship somewhere this month (Remember to count your days properly, it should not be more than 90 days before 3 years since you first had your green card, it's not 3 months necessarily, it is 90 days).

I have read online and I have friends whose i-751 were pending longer and when they file N-400, USCIS officer is required to make decision on your i-751 application based on your filing for Naturalization. So, if I were you, I would start to gather documents to file N-400. It will hurry up IO to adjudicate your i-751.

You do not need to wait until 1 year mark of your i-751 filing date.

Good Luck!!

So I just called them and I was told if I dont receive approval by the 1 year mark of when I filed the I-751, I should go ahead and file the N-400 at that time. So looks like I will wait till July. Hopefully by then i will have the approval. The lady said that she will also notify them because I am over the normal time frame and that i should hear something in the next 15 days.

[Dpeter736 4]

Thanks for the reply my 3 year mark would be this month. Already got everything together just waiting for the right time. I will wait till June 15th and if I don't hear anything from I will send it out.

Edited June 4, 2013 by Dpeter736

[minae 5]

You are eligible to file N-400, citizenship, immediately after- 90 days before 3 years anniversary since you first granted Resident (Conditional, in your case) status. So, if you got your first green card in September 2010, you are eligible to apply for citizenship somewhere this month (Remember to count your days properly, it should not be more than 90 days before 3 years since you first had your green card, it's not 3 months necessarily, it is 90 days).

I have read online and I have friends whose i-751 were pending longer and when they file N-400, USCIS officer is required to make decision on your i-751 application based on your filing for Naturalization. So, if I were you, I would start to gather documents to file N-400. It will hurry up IO to adjudicate your i-751.

You do not need to wait until 1 year mark of your i-751 filing date.

Good Luck!!

What happens in a situation that he gets an RFE on the I-751 while the N-400 is pending? God forbids, but how does he handle this kind of situation?

[DNIEPU 7]

That's very rare. I haven't seen anyone with i-751 RFE when filed N-400. That might be true but it's very rare.

Personally speaking, if I'm IO adjudicating removal of conditions on GC while applicant filed for citizenship based on marriage, then I would leave any questions/confusions to IO who will adjudicate N-400 because the N-400 IO will, AGAIN , look for the validity of marriage because it is filed based on marriage.

That's my personal assumption, so, I don't know how will they handle the case. Still, again, if I was in this situation, I would definitely go for N-400.

I hope this helps a little.

What happens in a situation that he gets an RFE on the I-751 while the N-400 is pending? God forbids, but how does he handle this kind of situation?