Can we apply N400 while waiting I-751 bring process?

[Perfect two 💑 1,147]

Hello everyone, 

 

Have any of you apply for N400 (citizenship) while waiting for your I-751 (removal of condition) being processed? I applied for removal of condition on October 2020 and wondering if I can just start the process for the citizenship right away. 

 

Thank you for your help!

[milimelo 4,583]

Yes, having an ongoing I-751 petition doesn’t stop you from filing N400 when eligible. 

[Crazy Cat 42,734]

If you are eligible, you can submit the N-400 whether your I-751 has been adjudicated or not. 

[Perfect two 💑 1,147]

4 minutes ago, Crazy Cat said:

If you are eligible, you can submit the N-400 whether your I-751 has been adjudicated or not. 

Thanks! I think I'm eligible. If I read it correctly, since I being married to US citizen for at least 3 years, I can apply for the citizenship and do not have to wait to be here for 5 years right? 

[milimelo 4,583]

1 minute ago, Perfect two 💑 said:

Thanks! I think I'm eligible. If I read it correctly, since I being married to US citizen for at least 3 years, I can apply for the citizenship and do not have to wait to be here for 5 years right? 

Correct. There’s a guide on uscis.gov. Follow that. 

[Crazy Cat 42,734]

8 minutes ago, Perfect two 💑 said:

Thanks! I think I'm eligible. If I read it correctly, since I being married to US citizen for at least 3 years, I can apply for the citizenship and do not have to wait to be here for 5 years right? 

If you have been married to the USC for 3 years, and also you have had your green card for 3 years, you are eligible. 

Edited April 9, 2022 by Crazy Cat

[Perfect two 💑 1,147]

Just now, Crazy Cat said:

If you have been married to the USC for 3 years, and also you have had your green card for 3 years, you are eligible. 

That is awesome. Thank you again! 

8 minutes ago, milimelo said:

Correct. There’s a guide on uscis.gov. Follow that. 

Thank you!!! 

[mytruelove18 608]

You can apply 90 days before your 3 years as redident and married to a usc for 3 years

[Dashinka 24,994]

1 hour ago, Perfect two 💑 said:

Thanks! I think I'm eligible. If I read it correctly, since I being married to US citizen for at least 3 years, I can apply for the citizenship and do not have to wait to be here for 5 years right? 

Just to be clear, it is three years less 90 days from when you got your green card, not 3 years from when you got married.  Since you applied for ROC in October 2020, you are most likely eligible, but check the calculator.

 

As to filing N400 while the I751 is pending quite a few do this.  My wife did it with no issues back in early 2018.

 

Good Luck!

 

 

[Mike E 11,745]

2 hours ago, Perfect two 💑 said:

Hello everyone, 

 

Have any of you apply for N400 (citizenship) while waiting for your I-751 (removal of condition) being processed? I applied for removal of condition on October 2020 and wondering if I can just start the process for the citizenship right away. 

 

Thank you for your help!

https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility will will tell you if you are eligible to file today.  

1 hour ago, mytruelove18 said:

You can apply 90 days before your 3 years as redident and married to a usc for 3 years

As written that  can be interpreted two ways and one is wrong. I would re-write the above as:

 

You can apply after married to a usc for 3 years and 90 days before your 3 years as resident 

 

Also based on  post this past week, some IOs interpret “married to usc for 3 years” as the USC and LPR must have been both married and living together 3 years prior to filing.  If the two individuals were not in the same physical location 3 years before filing, it is best to wait until they were.  

Edited April 9, 2022 by Mike E