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Results 1 to 10 of 10

Thread: N-400 and I-751 (Both pending at the same time)

  1. #1
    Guest
    I have two applications pending with the VSC:N-400 - Application for Naturalization and I-751-Application to Remove Conditions on Residance). My understanding is that I need to have my I-751 approved first, before my naturalization interview?? I'm waiting for my I-751 approval for almost 17 months now. What if I'll have my interview first, without I-751 approved???? Please help.

  2. #2
    Guest
    I have two applications pending with the VSC:N-400 - Application for Naturalization and I-751-Application to Remove Conditions on Residance). My understanding is that I need to have my I-751 approved first, before my naturalization interview?? I'm waiting for my I-751 approval for almost 17 months now. What if I'll have my interview first, without I-751 approved???? Please help.

  3. #3
    Guest
    Hi Mark,

    Yes, you are correct. You will need to have your I-751 approved before your Naturalization Interview.

    If you do get an Interview due to over sight, then you should tell the Interviewing Officer that your I-751 is still pending.

    Good Luck and God Bless!

  4. #4
    Guest
    I am pretty much in the same situation as you. You can not pursue both applications...we've discussed this in March...

  5. #5
    Guest
    Hi Im new but this may be a dumb question. How could it possible to file N-400 even though you are still on I-751. I dont really understand. Is cond permanent resident counts as part of 5 years permanet resident then adjust to become a US citizen? and another question if my extension 1yr of I-751 expired and i havent receive the 10yr GC should I file the I-751 again??? Thank you

  6. #6
    Guest
    Hi Help,

    If you received a Conditional GC by marrying a USC, then you do not have to wait for five years. You will be eligible on the 3rd Anniversary of AOS, in other words, the date when your passport was stamped for GC. You can send your Naturalization application 90 days prior to 3rd Anniversary of AOS.

    Since your I-751 is pending and extention has expired, you should go to Immigration Office and get it restamped.

    And......there is never such a thing as a dumb question").

    Good Luck and God Bless.

  7. #7
    Guest
    I dont remember the link anymore but with some research it would be easy to find...

    You can file and even have your N-400 approved prior to the I-751 being approved. They approve the N-400 and put it on 'PENDING I-751. Then when you get your I-751 you are then automatically a citizen...

    So if you are eligible for the N-400 apply... Even if you don't have the I-751 finished. Don't wait any longer than you have to... Simply let them know about your I-751...

    BTW - The clock starts to count the day you get your Conditional GC... So you can easily be eligible for the N-400 before your I-751 is done... Even if you are now divorced and are applying under the 5 year rule...

    ARQU

  8. #8
    Guest
    Upon a closer look, I see that others disagree. I used to have the internal INS Memo that was issued that clearly defined the procedures to follow in this type of case. I will have a look and see if I can get that link...

    Of course there is always the slight chance that I am wrong...

    ARQU

  9. #9
    Guest
    I dont understand what you guys are talking about. I thought that the I751 conditions are removed promptly within a few months of your second anniversay!!
    How long does it take to remove conditions?

  10. #10
    Guest
    Johnny: it can take up to 3 yrs.!

    That is pretty wrong information that your giving out there Arque (I wonder if that is the intention?) ;-p

    You are never an "automatic citizen" (unless you're an adopted minor post 2001, or a natural born citizen). The approval (it's a "favorable decision" rather) or interview by an BCIS officer is not the final process of naturalization. Every new citizen MUST take the oath (pledge of aliagance) in front of a federal judge (BCIS or formerly the INS has lost the ability to take oaths via a land mark decision, that way a de-naturalization can take place only via a judge or court deicsion instead of a decision by the INS)!

    If you get divorced before your I-751 is approved, especially if your adustment of status was based on that marriage, you're automacially ineligable to the removal of the condition and could be "removable" (or deportable in plain English from the country unless you've got some other basis to adjust your status).

    To the first poster of this thread:
    Your I-751 must be approved before you can complete your n-400. You must submit the actual 10-yr-permanent residency card during the naturalization and will not be aloud to take the oath if you can't physically produce that card (a stamp in your passport here or there won't do).

    Good luck to y'all!

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