Can I apply for citizenship while I 751 still pending?

[dara 0]

Hello everyone!

I am getting a little bit ahead of myself here, since I only filed my I 751 in June 2008 at VSC. Looks like it might take a year or more before I get a decision, but I would like to know. In the event (knock on wood) my application is still pending when my 90 day till 3 years PR window opens, can I go ahead and apply for naturalization anyway, or do I have to wait for the outcome of my I 751 first?

Thanks a lot.

[milimelo 4,739]

Hello everyone!

I am getting a little bit ahead of myself here, since I only filed my I 751 in June 2008 at VSC. Looks like it might take a year or more before I get a decision, but I would like to know. In the event (knock on wood) my application is still pending when my 90 day till 3 years PR window opens, can I go ahead and apply for naturalization anyway, or do I have to wait for the outcome of my I 751 first?

Thanks a lot.

Yes you can. The N-400 will trigger the decision on I-751 if it is not decided on before that time.

[NickD 203]

Hello everyone!

I am getting a little bit ahead of myself here, since I only filed my I 751 in June 2008 at VSC. Looks like it might take a year or more before I get a decision, but I would like to know. In the event (knock on wood) my application is still pending when my 90 day till 3 years PR window opens, can I go ahead and apply for naturalization anyway, or do I have to wait for the outcome of my I 751 first?

Thanks a lot.

They are moving a little faster than last year at this time, so hopefully you will get your ten year card before then. You have to be lawful permanent resident with the marriage provision for three years less 90 days before you can apply. But how you maintain that LPR status can be with a green card, one year extension notice and expired card, a I-551 stamp in your current valid passport, or getting a I-94 with an infopass appointment. Either way, you are a LPR so can apply.

We applied for the I-751 exactly 90 days before the 2nd anniversary meaning you can apply exactly one year later than that date for the N-400, this essentially gives you 15 months of extension time minus the ten days it takes that notice to come in. And that is how we applied, but were getting edgy close to the 3rd anniversary date without the new green card. But it came in about 3 1/2 weeks before that date saving us a trip for the I-551 stamp. Wife had her interview 20 days after her 3rd anniversary, plus another five weeks for her oath, so she barely got three months of use out of that ten year card. Not that she misses it, but wondered why they couldn't put some punches or a canceled stamp on it so she could keep it, after all the trouble and expense we went through to get it.

Time goes by, wasn't too long ago, many here were ahead of us, now it's behind us, but the stress is always there until it's over.

[longtrip 24]

Yeah you can file when your 90 days windows open. In fact I've. My I-751 has been pending since March 27, 2007 and I got sick waiting on it. I filed my N-400 in Aug 2008.

[dara 0]

Thank you guys for your answer. As a matter of fact I already have the I 551 stamp in my passport, since my conditional greencard expired and I never received the extension NOA.

So fingers crossed I get the new GC before June 2009, if not I'll just go ahead and apply for naturalization anyway.

Best of luck to everyone in all stages of this long journey.

[ilovecookies 0]

I am going to repeat what everybody here is saying, yes you can apply for citizenship because I did just that, and now i'm a citizen without ever getting my 10 year green card. hope you get your GC right away though!!