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Waiting For Removal of Conditions - When Can We Apply for Citizenship

By cdctke in US Citizenship General Discussion

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cdctke Contributor

cdctke   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hi All, 

I was looking for some clarification on when my wife can file for citizenship. 

 

She came over on a K1 Visa and now has a Green Card (received in July 2016).  We have filed for removal of conditions in 2018 and as it is for everyone else, the process has been delayed up to 18 months.  We have received the letter so we are patiently waiting. No issues there.

 

However, my wife will have her Green Card 3 years as of July 2019 at which time the conditions will not have been removed.  We are expecting the conditions to be removed near the end of 2019 based on the extension letter.  

 

My question is: Can we file for citizenship after she has been here 3 years or do we have to wait for the conditions to be removed before we apply?

 

Thank you all for your help as always. 

 

Charlie

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

She can apply after 3 years of being a LPR. You do not need to wait for removal of conditions to be approved. 

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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MadMax101 Explorer

MadMax101   32

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
Posted

Different people have reported being told different things by immigration officials. Some will combine the removal and immigration interviews, some will make you wait until the removal process is complete. Some people have said that filing the 400 could delay the 751. It's hard to know what is the case. We elected to just play it safe and wait until we have the 10 year green card to apply for citizenship. 

I-751 Removal of Conditions

-01/15/18 Mailed I-751

-01/18/18 Arrived at California Service Center

-01/18/18 NOA 1 Date

-01/22/18 NOA Received

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MohU3 Explorer

MohU3   57

Posted
Filed: Citizen (pnd) Country: Egypt
 Timeline
Posted
On 1/24/2019 at 8:09 PM, cdctke said:

Can we file for citizenship after she has been here 3 years or do we have to wait for the conditions to be removed before we apply?

Yes, and hopefully the N400 will push the 751 for faster processing or for a combo interview.

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

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