Jump to content
abrahambueno

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

By abrahambueno in Removing Conditions on Residency General Discussion

 Share

4 posts in this topic

Recommended Posts

abrahambueno Contributor

abrahambueno   14

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted (edited)

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
Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,772

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
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

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

Link to comment
Share on other sites
beloved_dingo Proficient

beloved_dingo   1,976

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
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!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...