Can applying to N-400 actually delay I-751?

[Dashinka 24,705]

11 minutes ago, Rearviewmirror said:

Yes you can, however, because the 3yr rule is marriage based you need to submit a raft of evidence much like the original I-485/I-751 as part of your N400, versus very little evidence if you're submitting under the 5yr rule.

You do?  When my wife applied based on the 3 yr. rule, she only had to include a copy of her GC (front and back) and a copy of our marriage certificate (she was not applying from overseas, or as a spouse of a military member or a member of the military herself).  There is a list of evidence required to be brought to the interview, but it is the same for the 3yr and 5yr applications except for the section if applying on the basis of a spouse of a USC, and that is essentially the same material sent with the I751 package.

[Rearviewmirror 397]

3 minutes ago, Dashinka said:

There is a list of evidence required to be brought to the interview, but it is the same for the 3yr and 5yr applications except for the section if applying on the basis of a spouse of a USC, and that is essentially the same material sent with the I751 package.

I guess depends on if you want to submit it with your application or bring to the interview. Here's the relevant piece from the N400 instructions (page 11) - "Other Documents. Depending on the circumstances, you should bring certain documents to your interview. You may also submit copies of these documents with your application."

 

I'd rather do it all digitally than print a million documents for the interview.

[Olga&Jared 267]

28 minutes ago, Rearviewmirror said:

I'd rather do it all digitally than print a million documents for the interview.

One thing I've learnt while being in this process is that you can't trust USCIS to have all the documents you ever submitted. They lose things, they have IT issues, cases get lost, officers are at different experience levels. I'd bring everything printed regardless of uploading online previously. 

[Dashinka 24,705]

27 minutes ago, Rearviewmirror said:

I guess depends on if you want to submit it with your application or bring to the interview. Here's the relevant piece from the N400 instructions (page 11) - "Other Documents. Depending on the circumstances, you should bring certain documents to your interview. You may also submit copies of these documents with your application."

 

I'd rather do it all digitally than print a million documents for the interview.

Makes sense, in my wife's case she filed by paper, so we wanted to minimize the N400 package.  And in the case of this thread, it is couples with an I751 in process, so the paper copies of all the marriage interview required evidence is already handy and fairly current.  My point is if naturalization is the ultimate goal, and if one can apply under the 3 year rule, I would not hold off 2 more years just so I did not have to take a couple more pages to the interview.

[Dashinka 24,705]

1 minute ago, Olga&Jared said:

One thing I've learnt while being in this process is that you can't trust USCIS to have all the documents you ever submitted. They lose things, they have IT issues, cases get lost, officers are at different experience levels. I'd bring everything printed regardless of uploading online previously. 

That is a good plan.  I always recommend taking the interview material to the interview even if it was uploaded during the application.

[Rearviewmirror 397]

3 minutes ago, Dashinka said:

My point is if naturalization is the ultimate goal, and if one can apply under the 3 year rule, I would not hold off 2 more years just so I did not have to take a couple more pages to the interview.

Totally - hence why I asked when their 5yr deadline is.

[Indy Sab 174]

On 2/8/2023 at 2:15 PM, Rearviewmirror said:

When is your 5 year permanent resident date?

 

It might be worth waiting to apply under the 5yr rule just to save yourself some printing/application hassle. 
 

From going through other Potomac timelines it looks like filing N400 does “unstick” I-751s. Obviously your decision, but I plan to apply for N400 as soon as I’m eligible (also a YSC filer). 

if she/he have been married to US citizen for over 3 years, don`t have to wait for 5 year....

[Rafagus 68]

I wonder what happens if you file the N-400 under the 5 year rule, and USCIS still has not adjudicated the I-751 by that time.....

[OldUser 7,227]

30 minutes ago, Rafagus said:

I wonder what happens if you file the N-400 under the 5 year rule, and USCIS still has not adjudicated the I-751 by that time.....

@Crazy Cat's wife did it. You'll either get I-751 approved before N-400 interview, or you will have an RFE or interview for I-751 on same or different day.

 

Pretty much, similar to filing under 3 year rule in this case. Only you have less evidence to provide for N-400 itself.

Edited February 15, 2023 by OldUser

[vinnie&andy 118]

46 minutes ago, Rafagus said:

I wonder what happens if you file the N-400 under the 5 year rule, and USCIS still has not adjudicated the I-751 by that time.....

I really hope that my case will be adjudicated soon. I am a December 2020 YSC filer.... I will eligible to file to N-400 under the 5-year rule in December of this year.... I see YSC is mostly working on October cases  

[Indy Sab 174]

my husband and i have been married for over 3 years.... he can submit N400 by July of this year.... but his ROC still in the eternal waiting line at Potomac.... by Sept we will be at 4 years of marriage... should we apply after our 4 year anniversary?

[Dashinka 24,705]

13 minutes ago, Charlys&Indy said:

my husband and i have been married for over 3 years.... he can submit N400 by July of this year.... but his ROC still in the eternal waiting line at Potomac.... by Sept we will be at 4 years of marriage... should we apply after our 4 year anniversary?

If he can submit now, why wait?

[Dashinka 24,705]

27 minutes ago, Charlys&Indy said:

my husband and i have been married for over 3 years.... he can submit N400 by July of this year.... but his ROC still in the eternal waiting line at Potomac.... by Sept we will be at 4 years of marriage... should we apply after our 4 year anniversary?

Apologies, I didn't read your post fully.  No real difference filing in July or after your fourth anniversary.  There is a difference if he would wait until he was an LPR for 5 years.

[Indy Sab 174]

6 minutes ago, Dashinka said:

If he can submit now, why wait?

his conditional GC expired last year on 09/14/22.... we submitted 09/02/23..... we got the 48 months extension letter... when is he allowed to apply for N400? now? or SEpt?? I am confused.... we got married 09/13/2019 N400 is base on years being married to US citizen? or years being a Resident?
?

[OldUser 7,227]

3 minutes ago, Charlys&Indy said:

his conditional GC expired last year on 09/14/22.... we submitted 09/02/23..... we got the 48 months extension letter... when is he allowed to apply for N400? now? or SEpt?? I am confused.... we got married 09/13/2019 N400 is base on years being married to US citizen? or years being a Resident?
?

Being resident for 3 years and married for 3 years. Can apply 90 days early too.