Applying for Citizenship While Your Form I-751 is Pending: What You Need to Know

The processing times for Form I-751, Petition to Remove Conditions on Residence, can be long, often taking 1-2+ years for USCIS adjudication. These long processing times can mean that many conditional permanent residents may qualify to apply for naturalization while their application for removal of conditions is still pending. Many applicants assume they have to wait for Form I-751 approval before submitting Form N-400, but in some cases, it is possible to file Form N-400 when Form I-751 is still pending. Let’s look at who qualifies for marriage-based early filing, how submitting Form N-400 can impact a pending Form I-751, and general N-400 eligibility requirements.

General eligibility for filing Form N-400 based on marriage to a US Citizen

Filing Form N-400 is based on meeting several criteria set by USCIS. Among them is that the applicant has to have been a Lawful Permanent Resident for at least 5 years. However, there is an exception to this rule for Spouses of US Citizens. If an applicant applies based on their marriage to a US Citizen, they may be eligible to apply once they have been a Lawful Permanent Resident for at least 3 years. USCIS will begin accepting the N-400 filing up to 90 days before the applicant meets the 3 years of continuous residency. To qualify for this exception, the Lawful Permanent Resident (LPR) must meet the following requirements:

• They must be legally married to a US citizen who resides in the United States, and they must remain legally married to the US citizen until they take the Oath of Allegiance;
• They must have been living in a marital union with their US-citizen spouse for at least 3 years;
• They must have been a lawful permanent resident for at least 3 years, and
• Their spouse must have been a US citizen for at least 3 years

Processing for Conditional Permanent Residents

Green card applicants who have been married for less than 2 years at the time of application approval are issued “Conditional Permanent Residence,” which grants them a conditional green card valid for two years instead of the typical ten given to permanent residents. When the green card expires, they must prove to USCIS their marriage’s legitimacy by submitting Form I-751, Petition to Remove Conditions on Residence.This form is not optional and must be approved before an applicant can be granted US Citizenship. However, it does not have to be approved before filing a naturalization application. It’s very common for applicants to become eligible for Naturalization based on the criteria noted above while their Form I-751 is pending. The ability to file Form N-400 after 3 years only applies to applicants whose marriage to a US Citizen has not ended. In these cases, the applicant may submit Form N-400, but USCIS cannot adjudicate the case until they approve the Form I-751. Submitting Form N-400 while Form I-751 is pending helps the Naturalization processing start sooner, increasing the chances that the applicant can receive US Citizenship sooner. In addition, at times, the submission of Form N-400 can have quicker processing times and can help push USCIS to make a decision on the Removal of Conditions application.

What happens if the Naturalization interview is scheduled while the Removal of Conditions application is still pending?

In cases where the Naturalization interview is scheduled while the Removal of Conditions application is still pending, the applicant can still attend and complete the naturalization test and all other requirements. There are a few things that may happen in these cases:

1. The officer reviews Form I-751 and N-400 in the interview and issues a decision on both applications.
2. The officer reviews both Form I-751 and N-400 in the interview and indicates that you will receive a decision on both applications later.
3. The officer reviews only Form N-400. They will not decide on either application and will review Form I-751 later.

Even if an interview notice indicates it is only for Form N-400, if the I-751 is still pending, many applicants choose to have their spouse come and join them at the interview. Then, if the reviewing officer decides to review Form I-751 during the interview, the spouse will be present. Doing this may reduce the chance of a separate interview being scheduled for Form I-751.

Are you interested in filing for US Citizenship via naturalization?

While the above information covers eligibility for naturalization via marriage, applicants must also meet all other requirements to become a US Citizen. Generally, other than some exceptions, applicants must meet the following eligibility requirements to qualify for naturalization:

1. The applicant must be at least 18 years of age when they file;
2. They must have been a lawful permanent resident for at least 5 years (or 3 years if via marriage);
3. They have demonstrated continuous residence in the United States for at least 5 years (or 3 years if via marriage);
4. They have lived in the US state or US Citizenship and Immigration Services (USCIS) district where they claim residence for at least 3 months before filing;
5. They have demonstrated physical presence in the United States for at least 30 months (913 days) (or 18 months (548 days) if via marriage);
6. They demonstrate good moral character;
7. They demonstrate an attachment to the principles of the US Constitution;
8. They demonstrate a basic knowledge of US history and government (also known as “civics”) as well as an ability to read, write, speak, and understand basic English (some exceptions apply);
9. They are willing to take the Oath of Allegiance to the United States, and you are well disposed to the good order and happiness of the United States.

Becoming a US Citizen is a monumental step for many applicants, and SimpleCitizen loves to support applicants in their process. We aim to streamline and simplify your process through the US immigration system. You are our highest priority. We can’t wait to help make your immigration dreams become a reality. You can click here to get started!