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abrahambueno

Can my wife apply for the N400 before filing the I-751?

By abrahambueno in Removing Conditions on Residency General Discussion

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abrahambueno Contributor

abrahambueno   14

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Filed: K-1 Visa Country: Mexico
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I'm not sure if this is the right forum and I haven't been able to find a concrete answer elsewhere. So I know people file the N400 while their I751 is pending, however my wife's GC doesn't expire until 06/2024, meaning we couldn't file the I751 until 03/2024. However, She came on a K1 visa on 09/16/2020 and we got married on 09/17/2020. Wouldn't that mean she could file for the N400 after her 3 years of being here, since our 3 years would be 09/17/2023, and you could apply 90 days earlier (which would be in a few days from now)? If so, is it allowed to file for the N400 before filing the I751?

Edited by abrahambueno
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Crazy Cat Grand Master

Crazy Cat   42,193

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Filed: Citizen (apr) Country: Taiwan
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10 minutes ago, abrahambueno said:

Wouldn't that mean she could file for the N400 after her 3 years of being here,

No.  To file the N-400, she must have been married to a US citizen for 3 years AND she must have had a Green Card for 3 years.  She cannot skip the I-751.

The 3 year clock for citizenship started when her Adjustment of Status was approved.   Normally, the N-400 can be filed about a year after the I-751 is filed.

Edited by Crazy Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

beloved_dingo Proficient

beloved_dingo   1,983

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Filed: Citizen (apr) Country: Australia
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3 minutes ago, abrahambueno said:

I'm not sure if this is the right forum and I haven't been able to find a concrete answer elsewhere. So I know people file the N400 while their I751 is pending, however my wife's GC doesn't expire until 06/2024, meaning we couldn't file the I751 until 03/2024. However, She came on a K1 visa on 09/16/2020 and we got married on 09/17/2020. Wouldn't that mean she could file for the N400 after her 3 years of being here, since our 3 years would be 09/17/2023, and you could apply 90 days earlier (which would be in a few days from now)? If so, is it allowed to file for the N400 before filing the I751?

The 3 years is counted from the date on the green card, not from the date she arrived/got married. If her green card expires June 2024, that means the "clock" for N-400 began around June 2022. 

K1 to AOS                                                                                  AOS/EAD/AP                                                                    N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                     05/10/2023 - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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