I-751/N-400 Question

[Tentenseven 0]

Hello all

I am preparing to file my I-751 next month (married to USC in November 2007 - 2-year GC received in May 2008).

I believe I am eligible to file for US citizenship after November 2010 (after 3 years of marriage to USC). Does the status of my I-751 application filed next month - ie whether or not I have received the 10-year green card - determine whether or not I can potentially file my citizenship application after November 2010? Put differently, if my I-751 is "stuck" for a period of time - can I still file the N400 after November 2010 or do I have to wait to receive my 10-year green card before I can file for citizenship?

Thanks.

[sh18 3]

Hello all

I am preparing to file my I-751 next month (married to USC in November 2007 - 2-year GC received in May 2008).

I believe I am eligible to file for US citizenship after November 2010 (after 3 years of marriage to USC). Does the status of my I-751 application filed next month - ie whether or not I have received the 10-year green card - determine whether or not I can potentially file my citizenship application after November 2010? Put differently, if my I-751 is "stuck" for a period of time - can I still file the N400 after November 2010 or do I have to wait to receive my 10-year green card before I can file for citizenship?

Thanks.

You absolutely have to apply to remove conditions. You can still apply for your citizenship even if your removal of conditions application is pending: in fact it will force its adjudication. Third, your removal of conditions will most probably be completed in 2-3 months if filing in CSC or 3-5 months if applying in VSC.

[Deputy Purple 1,294]

Actually the 3 years isn't just married to USC, it's 3 years as LPR & Married to USC. If not married to USC then it's 5 years as LPR... So you can't naturalize until May 2011 if your LPR date is May 2008.

[lucyrich 19]

Read the N-400, part 2.

http://www.uscis.gov/files/form/n-400.pdf

You can become a US Citizen after you are eligible to check one of those boxes in part 2. You're probably thinking of checking box B. It says:

I have been a lawful permanent resident of the United States for at least three years, and I have been married to and living with the same US Citizen for the last three years, and my spouse has been a US Citizen for the last three years.

So it's not enough merely to have been married three years, you're not eligible until you've had your green card for at least three years, too (a conditional green card is just as good as a 10-year green card for the purposes of determining naturalization eligibility).

Note that you can mail the application up to 90 days before meeting the continuous residence requirement, as long as all of the other requirements are met. See the box at the bottom of page 22 of the M-476.

http://www.uscis.gov/files/article/M-476.pdf

Many people become eligible to send in their N-400 one year after the window opens for filing their I-751.

To get back to your question, if it does take more than a year to process your I-751, that has no effect on your eligibility to send in the N-400. You can send the N-400 in whether or not your I-751 has been approved. They'll probably have to adjudicate your I-751 before they adjudicate your N-400, but that fact has no bearing on when you're eligible to send the N-400 in.

[v333k 59]

Hello all

I am preparing to file my I-751 next month (married to USC in November 2007 - 2-year GC received in May 2008).

I believe I am eligible to file for US citizenship after November 2010 (after 3 years of marriage to USC). Does the status of my I-751 application filed next month - ie whether or not I have received the 10-year green card - determine whether or not I can potentially file my citizenship application after November 2010? Put differently, if my I-751 is "stuck" for a period of time - can I still file the N400 after November 2010 or do I have to wait to receive my 10-year green card before I can file for citizenship?

Thanks.

Although the timeline is loosely being referred to, but why is it November 2010 you are eligible? Eligibility is effective 90 days prior your 3rd LPR anniversary (in addition to the other restrictions others mentioned). If you got your card in May 2008 then the earliest would be February of 2011.

[Tentenseven 0]

Although the timeline is loosely being referred to, but why is it November 2010 you are eligible? Eligibility is effective 90 days prior your 3rd LPR anniversary (in addition to the other restrictions others mentioned). If you got your card in May 2008 then the earliest would be February of 2011.

Thank you all for your replies and for correcting my math. Eligbility to file N400 is 3 years from LPR, NOT 3 years from marriage to USC. Appreciate the clarification.

One more question for recent applicants: I will file my I-751 in VT - what percentage of filers there are typically interviewed (esp VT applicants)? And, in general, are interviews the norm in I-751 applications? Thanks.

[Tentenseven 0]

One more question for recent applicants: I will file my I-751 in VT - what percentage of filers there are typically interviewed (esp VT applicants)? And, in general, are interviews the norm in I-751 applications? Thanks.

[Dakine 26]

One more question for recent applicants: I will file my I-751 in VT - what percentage of filers there are typically interviewed (esp VT applicants)? And, in general, are interviews the norm in I-751 applications? Thanks.

From what I've seen it's rare for people with a proberly submitted I-751 and evidence have interviews unless divorced or in the middle of one.