Filing a 400 while waiting for 751 renewal?

[RoddyDavey 1]

Hello everyone, I'm more than a little confused and am hoping for some advice. My wife (Polish) and I were married in July of '21. We received her green card in January '22, and it expired in January of '24. We applied for renewal in October of 2023 (90 days before expiration) and have yet to hear anything besides the initial receipt and extension. I guess I misunderstood the situation regarding the three year rule of spouses, and realized just now that she can apply for citizenship in July of this year rather than next October (90 days before the next scheduled expiration). My question is, are you allowed to file for citizenship pending a LPR renewal? Is there any special process or filing avenue to take for this, is it even allowed? Thanks a lot, David.

[OldUser 6,608]

Renewal / Replacement (I-90) is different to Removal of Conditions (I-751).

 

Based on what I understand so far, your wife had conditional green card and applied for removal of conditions (I-751) in 2023.

 

Yes, she can file for N-400 in October of this year, 90 days prior to her 3 year anniversary of being LPR based on Resident Since date on GC.

 

It's advisable to attach copy of I-751 extension letter in N-400 application as well as a cover letter asking for combination I-751 & N-400 interview.

Edited May 7 by OldUser

[Crazy Cat 41,812]

53 minutes ago, RoddyDavey said:

are you allowed to file for citizenship pending a LPR renewal?

Yes.  However, you need to check your dates.  She can apply 90 days prior to the card anniversary date in January of 2025. 

Edited May 7 by Crazy Cat

[RoddyDavey 1]

On 5/6/2024 at 9:01 PM, OldUser said:

 

On 5/6/2024 at 9:10 PM, Crazy Cat said:

 

Thank you both very much for the direction. It seems I was, indeed, confused about the dates, but she can file this year rather than next. I've gotta say, Visa Journey is such an awesome resource. The people here offer significantly more practical help and direction than any immigration attorney I've ever dealt with. Thank you, seriously.

[Rocio0010 5,579]

6 hours ago, RoddyDavey said:

Thank you both very much for the direction. It seems I was, indeed, confused about the dates, but she can file this year rather than next. I've gotta say, Visa Journey is such an awesome resource. The people here offer significantly more practical help and direction than any immigration attorney I've ever dealt with. Thank you, seriously.

Stick around some more and you'll see how people come here with cases that took a turn for the worse after an immigration lawyer made some very rookie mistake..