Citizenship pending i751

[Accord 0]

Can you apply to be naturalized and file n400 while you have a pending I751 application? The I751 is to remove the conditions of permanent residence based on marriage to a US citizen. Can you file for citizenship 90 days prior to your 3 year wedding anniversary too under these conditions?

 

Information out there seems ambiguous and I cannot fully understand USCIS webpage. I hear this is a possible case based on the 3 year marriage rule. I don't see much information regarding this other than it being tailored toward military and people working abroad. Nether apply under these circumstances. 

[Canerican 242]

Here is an example:

 

My wife and I got married via K-1 visa April of 2013, but I then did not get permanent residency till Nov 2013. So in my case I was able to apply for N-400 citizenship August 2016 as at the time I was and still am married to my wife. But I also was a PR 3 years minus 90 days in August 2016. So you not only have to be married 3 years, but a PR for 3 years minus 90 days. 

[Accord 0]

So, that means I need an approved petition prior to being able to apply for citizenship? I was under the impression that it's possible to apply for citizenship prior to being approved. Only that the interview to remove conditions will be conducted first (likely) at your naturalization interview. Is this correct?

[Hypnos 6,576]

If you become eligible to file for citizenship whilst your I-751 is pending you can certainly still file for citizenship. 

 

Filing the N-400 forces USCIS to adjudicate the I-751.

 

It's possible that you would have a joint I-751/N-400 interview, with the RoC first, and then the N-400 immediately afterwards. 

Edited January 20, 2017 by Hypnos

[Accord 0]

Thank you for your responses my last question. Considering all the above conditions would I be eligible to apply? I have no prior military experience or any time out of the United States. I would be applying based on the 3 year marriage rule alone. do I become eligible under that condition with a pending application? I certainly meet all of the other criteria. This was the confusion for me.

[charmander 692]

1 hour ago, Accord said:

Thank you for your responses my last question. Considering all the above conditions would I be eligible to apply? I have no prior military experience or any time out of the United States. I would be applying based on the 3 year marriage rule alone. do I become eligible under that condition with a pending application? I certainly meet all of the other criteria. This was the confusion for me.

Eligibility requirements are clear; you just need to walk through the YES/NO questions starting from Page 5 of this document https://www.uscis.gov/sites/default/files/files/article/attachments.pdf

 

I've done this myself. Feel free to check my timeline on what I sent with my N400 application.

[Accord 0]

Thank you!