I-751 & N400 Question

[VisaVisaVisaVisa 4]

First off, apologize if this question may be misplaced. 
 

Situation:

Wife is on a conditional green card that expired a year ago. I am a US Citizen. Filed I-751 and got the 48 month extension. Case is currently just pending and no RFEs.

 

Wife will hit 3 years lawful permanent resident of April this year (starting from date of green card issuance). 
 

Question:

Can she file for N400 while I-751 is pending? If so, how would that work? 

Edited March 19 by VisaVisaVisaVisa

[OldUser 8,470]

Yes, she can file N-400 while I-751 is pending. Many folks on VJ do it.

 

Multiple things can happen.

 

1) I-751 may get decided before N-400

2) I-751 and N-400 interviews may be combined

3) I-751 and N-400 interviews may be on different days

 

N-400 cannot be approved without I-751 being approved first. If she only gets N-400 interview and no decision on the day, she'd have to wait for I-751 approval. The good news is, USCIS can be sued after 120 days after N-400 interview for a decision if she doesn't have it by then.

 

Edited March 19 by OldUser

[VisaVisaVisaVisa 4]

12 minutes ago, OldUser said:

Yes, she can file N-400 while I-751 is pending. Many folks on VJ do it.

 

Multiple things can happen.

 

1) I-751 may get decided before N-400

2) I-751 and N-400 interviews may be combined

3) I-751 and N-400 interviews may be on different days

 

N-400 cannot be approved without I-751 being approved first. If she only gets N-400 interview and no decision on the day, she'd have to wait for I-751 approval. The good news is, USCIS can be sued after 120 days after N-400 interview for a decision if she doesn't have it by then.

 

1. Generally how long is the process from N400 submission to interview day?

2. How likely is I-751 to be approved without an interview? 
3. Would submitting n400 with a pending I-751 speed up the process to I-751 decision time?

[OldUser 8,470]

Just now, VisaVisaVisaVisa said:

1. Generally how long is the process from N400 submission to interview day?

 

Hard to predict in current political climate that changes every day. But typically between 3-12 months, depending on USCIS local field office.

2 minutes ago, VisaVisaVisaVisa said:

 

2. How likely is I-751 to be approved without an interview? 

Depends on what you submitted. Also, filing N-400 slightly decreases chance of interview being waived for N-400

[OldUser 8,470]

2 minutes ago, VisaVisaVisaVisa said:

3. Would submitting n400 with a pending I-751 speed up the process to I-751 decision time?

Not always. But in general, she'd naturalize quicker VS waiting for I-751 approval before filing N-400

[VisaVisaVisaVisa 4]

2 minutes ago, OldUser said:

Hard to predict in current political climate that changes every day. But typically between 3-12 months, depending on USCIS local field office.

Depends on what you submitted. Also, filing N-400 slightly decreases chance of interview being waived for N-400

How does it decrease that chance?

[OldUser 8,470]

Just now, VisaVisaVisaVisa said:

How does it decrease that chance?

Thing of it this way...

Nowadays, I-751 takes about 2 - 2.5 years to be adjudicated.

 

Now you're filing N-400 which depends on I-751.

 

Since N-400 always requires interview, USCIS may decide just to schedule for a combo interview (I-751 and N-400)

[VisaVisaVisaVisa 4]

20 minutes ago, OldUser said:

Thing of it this way...

Nowadays, I-751 takes about 2 - 2.5 years to be adjudicated.

 

Now you're filing N-400 which depends on I-751.

 

Since N-400 always requires interview, USCIS may decide just to schedule for a combo interview (I-751 and N-400)

Is it common for people pending 751 to file n400? Do they stray away from that?

[Crazy Cat 42,970]

7 minutes ago, VisaVisaVisaVisa said:

Is it common for people pending 751 to file n400?

Extremely common.  I also suggest filing for citizenship as soon as you are qualified.  This is why:

Our I-751 had been pending for 40 months when wife submitted her N-400.  Four months later, both the I-751 and the N-400 were approved after a combo interview.  A few weeks later, wife took oath as a new citizen. 

[OldUser 8,470]

11 minutes ago, VisaVisaVisaVisa said:

Is it common for people pending 751 to file n400? Do they stray away from that?

Common. Even with approved I-751, if filing N-400 under 3 year rule, you still may need to prove marriage.

 

USCIS needs to check marriage two more times (I-751 and N-400). It will happen no matter what in one form or the other.

Edited March 19 by OldUser

[VisaVisaVisaVisa 4]

3 minutes ago, Crazy Cat said:

Extremely common.  I also suggest filing for citizenship as soon as you are qualified.  This is why:

Our I-751 had been pending for 40 months when wife submitted her N-400.  Four months later, both the I-751 and the N-400 were approved after a combo interview.  A few weeks later, wife took oath as a new citizen. 

How was the combo interview?

[Crazy Cat 42,970]

14 minutes ago, VisaVisaVisaVisa said:

How was the combo interview?

The officer just wanted to see evidence of our marriage from the date we submitted the I-751 until date of the interview. He wanted to see a paper trail of driver's licenses, bank statements, apartment leases showing us at the same address.  After the I-751 portion, he proceeded with wife's N-400 interview.  It wasn't a big deal as I came prepared with the evidence. By the way, wife filed under the 5 year rule. 

[VisaVisaVisaVisa 4]

3 minutes ago, Crazy Cat said:

The officer just wanted to see evidence of our marriage from the date we submitted the I-751 until date of the interview. He wanted to see a paper trail of driver's licenses, bank statements, apartment leases showing us at the same address.  After the I-751 portion, he proceeded with wife's N-400 interview.  It wasn't a big deal as I came prepared with the evidence. By the way, wife filed under the 5 year rule. 

What is the 5 year rule?

[Dashinka 25,193]

1 hour ago, OldUser said:

Hard to predict in current political climate that changes every day. But typically between 3-12 months, depending on USCIS local field office.

Depends on what you submitted. Also, filing N-400 slightly decreases chance of interview being waived for N-400

I think you meant to say interview being waived for the I751.

 

To the OP, the as @OldUser stated, the N400 processing times is governed by your local field office.  In my wife's case, she filed her N400 with her I751 pending, and had a combo interview, and both were approved.  Of course YMMV, but you can upload a letter in the USCIS system after the N400 reaches the interview scheduled phase and request a combo interview if the I751 is still pending.

 

Good Luck!

[OldUser 8,470]

17 minutes ago, VisaVisaVisaVisa said:

What is the 5 year rule?

General provision. You can file for citizenship after being a resident for 5 years. Even if you are married to US citizen or got GC through marriage. I filed under 5 year rule, because my I-751 was approved and I was eligible. I could file under 3 year rule, but didn't need to involve my spouse at this point.

Edited March 19 by OldUser