Is it possible if I can apply citizenship before ROC done?

[NOC10 0]

Since ROC processing takes way too long time 

is it possible to apply citizenship before I get green card?(I have been married almost three years with citizen)

Edited June 27, 2018 by Liverpoolfc8

[mindthegap 2,605]

Yes.

If still 'living in marital union', you can apply from 90 days preceding the third anniversary of your 'resident from' date onwards.

Edited June 27, 2018 by mindthegap

[ThousandMoreSteps 50]

Yes. As long as you have been married for three years and a resident for that time.

[EamanA 3]

No you cannot it’s 3 years minus 90 days from when you got your green card which means you have to start the removal of condition process first or else you will be out of status, then most likely would have to get approved before your n400 can be approved even if you get a naturalization interview before your ROC is approved 

[EamanA 3]

My bad I just noticed that you said you already started the removal process inthat case yes but would still have to wait for the i751 process is completed

[EM_Vandaveer 2,417]

22 minutes ago, EamanA said:

My bad I just noticed that you said you already started the removal process inthat case yes but would still have to wait for the i751 process is completed

Wrong. As long as the I-751 was filed at the appropriate time, N-400 can be filed for once one becomes eligible, even if ROC is still pending.

[iulia.matey 25]

Just now, EM_Vandaveer said:

Wrong. As long as the I-751 was filed at the appropriate time, N-400 can be filed for once one becomes eligible, even if ROC is still pending.

A positive decision on N400 would nullify the need for ROC, correct? So they won't need an ROC decision before a N400 decision can be made.

[EamanA 3]

That was years ago now the procedure is to wait for ROC approval to make a decision. Infact if you have a ROC pending and you file a n400 they transfer both cases to the local office to adjucate both at the same time

[Camelot13 63]

It seems to me that N400 doesn't necessarily trigger I751 adjudication. My husband had an interview for citizenship and all was good, but was told it couldn't be approved until ROC is approved and that we have to wait for that. ROC was transferred to the NVC in Missouri. Not sure if this is going to be standard practice now or just our own bad luck. 

[EamanA 3]

26 minutes ago, iulia.matey said:

 

 

13 minutes ago, Camelot13 said:

It seems to me that N400 doesn't necessarily trigger I751 adjudication. My husband had an interview for citizenship and all was good, but was told it couldn't be approved until ROC is approved and that we have to wait for that. ROC was transferred to the NVC in Missouri. Not sure if this is going to be standard practice now or just our own bad luck. 

It’s the new norm, we have to understand what was ok last year could be different this year so policies are always changing 

[EmmNM 180]

Assuming you stay married, you can file 3 years - 90 days from when you got your 1st green card. (not from the date you got married) Regardless if ROC is still in process.

Edited June 28, 2018 by EmmNM

[JulieJulie 3]

15 hours ago, EamanA said:

No you cannot it’s 3 years minus 90 days from when you got your green card which means you have to start the removal of condition process first or else you will be out of status, then most likely would have to get approved before your n400 can be approved even if you get a naturalization interview before your ROC is approved 

We did n400 for my husband before ROC was approved. We applied 90 days prior to the 3 year anniversary of his greencard. We did not have to wait for ROC. They adjudicated the cases together. When he got the appointment for his citizenship interview the officer also had our ROC case as well. 

[JulieJulie 3]

15 hours ago, EamanA said:

My bad I just noticed that you said you already started the removal process inthat case yes but would still have to wait for the i751 process is completed

This is incorrect. We were even advised by a uscis officer that we don't need to wait. Husband was just naturalized and never even receivec the 10 year GC.

 

[EamanA 3]

8 minutes ago, JulieJulie said:

This is incorrect. We were even advised by a uscis officer that we don't need to wait. Husband was just naturalized and never even receivec the 10 year GC.

 

And that could be because the officer adjudicated both cases at his interview which is the new precedure. One interview for two cases 

[JulieJulie 3]

15 hours ago, iulia.matey said:

A positive decision on N400 would nullify the need for ROC, correct? So they won't need an ROC decision before a N400 decision can be made.

"Technically" in their system they have to go in and approve the ROC in order to complete the N400. But it's not an issue because when you do the n400 uscis pulls the ROC case from the service center and sends it together with the n400 to the local office and the two are decided together. Occasionally a disorganized office may not recognize they are doing 2 cases together and you might get 2 interviews...but usually when you go for n400 they do both the same day. Our officer had both cases but when she went to update then as approved she realized they didnt give her update permissions for the ROC so she said that she couldnt update the N400 and schedule the oath until the system closed out the ROC as approved. She said that she was requesting permissions would be resolved in a few days....and it was.