Citizenship & I 751

I

It_Is_Just_Me

Registered Users (C)
Hello everybody,

I am confused about my chances to apply for citizenhip.
I get married for USC in september 03 ,fe filed papers in march 04 and I received my Green Card in July 04.Last year I filed for removal of condition( I -751 application filed in june 06) and I receive RFE so I did not receive there decision.
I know that there is possibiliti to apply for citizenship after 2 years and 9 months since I recevied my green card ,that will be in April 07.I am not sure if I can apply since my I-751 is still pending.

I will appreciate any asnwer.
 
It_Is_Just_Me said:
Hello everybody,

I am confused about my chances to apply for citizenhip.
I get married for USC in september 03 ,fe filed papers in march 04 and I received my Green Card in July 04.Last year I filed for removal of condition( I -751 application filed in june 06) and I receive RFE so I did not receive there decision.
I know that there is possibiliti to apply for citizenship after 2 years and 9 months since I recevied my green card ,that will be in April 07.I am not sure if I can apply since my I-751 is still pending.

I will appreciate any asnwer.
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Hi:

You may file the N400 even if your I751 is not approved yet. However, do make sure that you keep responding to any I751 requests also ---- I assume you did respond to that RFE and are keeping an eye on that application.

Provided you meet the citizenship requirements (which DO NOT require an approved I751), feel free to file 90 days before the 3 yr anniversary.

This is a technicality, but remember it is 90 days before the 3 yr anniversary as a PR, NOT 3 months. This is important if you are filing on the first day of eligibility. Good luck.
 
Yes I did respond to RFE.

Is there any difference between timeline when somebody filed based on 5 years rule and 3 years rule.

Is interview same for one who filed based on 5 years rule and for person who filed based on 3 years rule.
 
It_Is_Just_Me said:
Yes I did respond to RFE.

Is there any difference between timeline when somebody filed based on 5 years rule and 3 years rule.

Is interview same for one who filed based on 5 years rule and for person who filed based on 3 years rule.
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Hi:

There is no difference in the timeline other than applying 90 days before 5 yr anniversary and 90 days before 3yr anniversary (of PR). However, do make sure that you have been married to the USC for THREE YEARS at the time of filing. (i.e. when you file for N400 you must have had your 3yr wedding anniversary and it must be no more than 90 days before your 3yr PR anniversary, including conditional PR.)

The interview can differ in some respects. They will likely inquire about your marriage, verify you are still living in a bona fide relationship. Remember that your eligibility for the 3yr rule is based on your marriage to a USC. However, most naturalization interviews are not as intensive, and it is not required for your spouse to accompany you to the interview. But it is highly recommended. Even though they are not usually allowed into the interview with you, I have noted that interviewers like to come out and meet the spouse before/after the interview.

Good luck.
 
pianoplayer said:
Hi:

There is no difference in the timeline other than applying 90 days before 5 yr anniversary and 90 days before 3yr anniversary (of PR). However, do make sure that you have been married to the USC for THREE YEARS at the time of filing. (i.e. when you file for N400 you must have had your 3yr wedding anniversary and it must be no more than 90 days before your 3yr PR anniversary, including conditional PR.)

The interview can differ in some respects. They will likely inquire about your marriage, verify you are still living in a bona fide relationship. Remember that your eligibility for the 3yr rule is based on your marriage to a USC. However, most naturalization interviews are not as intensive, and it is not required for your spouse to accompany you to the interview. But it is highly recommended. Even though they are not usually allowed into the interview with you, I have noted that interviewers like to come out and meet the spouse before/after the interview.

Good luck.
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I tought it was only afther your 3rd wedding anniversary when you can apply for citizenship.

Thanks
 
pianoplayer said:
Hi:

There is no difference in the timeline other than applying 90 days before 5 yr anniversary and 90 days before 3yr anniversary (of PR). However, do make sure that you have been married to the USC for THREE YEARS at the time of filing. (i.e. when you file for N400 you must have had your 3yr wedding anniversary and it must be no more than 90 days before your 3yr PR anniversary, including conditional PR.)

The interview can differ in some respects. They will likely inquire about your marriage, verify you are still living in a bona fide relationship. Remember that your eligibility for the 3yr rule is based on your marriage to a USC. However, most naturalization interviews are not as intensive, and it is not required for your spouse to accompany you to the interview. But it is highly recommended. Even though they are not usually allowed into the interview with you, I have noted that interviewers like to come out and meet the spouse before/after the interview.

Good luck.
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I thought it was only after your 3rd wedding anniversary.. I didn't know about the 90 days before the PR (conditional)

Thanks

 
bebajp said:
I thought it was only after your 3rd wedding anniversary.. I didn't know about the 90 days before the PR (conditional)

Thanks
Click to expand...

Hi:

No.

Read my post above carefully. There are TWO time constraints requirements for filing 3 yr -N400:
1. The applicant must have been married to the USC for 3yrs to file.
2. The applicant may file 90 days before the 3yr anniversary of his permanent
residence(this includes his period of conditional PR).
The above is subject to all other requirements for naturalization.

If you think about it carefully, the 3rd year wedding anniversary COULD occur at a very different time to the 3rd year anniversary of PR.
 
bebajp said:
I thought it was only after your 3rd wedding anniversary.. I didn't know about the 90 days before the PR (conditional)

Thanks
Click to expand...

Hi:

To illustrate the misconception, under your rule, the applicant can file for naturalization based on a 3yr marriage to a USC without ever having filed for a GC (i.e. without ever having become a PR).
 
pianoplayer said:
Hi:

There is no difference in the timeline other than applying 90 days before 5 yr anniversary and 90 days before 3yr anniversary (of PR). However, do make sure that you have been married to the USC for THREE YEARS at the time of filing. (i.e. when you file for N400 you must have had your 3yr wedding anniversary and it must be no more than 90 days before your 3yr PR anniversary, including conditional PR.)

The interview can differ in some respects. They will likely inquire about your marriage, verify you are still living in a bona fide relationship. Remember that your eligibility for the 3yr rule is based on your marriage to a USC. However, most naturalization interviews are not as intensive, and it is not required for your spouse to accompany you to the interview. But it is highly recommended. Even though they are not usually allowed into the interview with you, I have noted that interviewers like to come out and meet the spouse before/after the interview.

Good luck.
Click to expand...
Thanks, Pianoplayer. I didn't know that it's better to go to the citizenship interview with the spouse, and it's good that you shared this information. Thanks! :)
 
Jewel12 said:
Thanks, Pianoplayer. I didn't know that it's better to go to the citizenship interview with the spouse, and it's good that you shared this information. Thanks! :)
Click to expand...

You are welcome. It is of course a general observation, so please do not be disappointed if the interviewer does not come to meet your spouse! However, it is fairly common. Best wishes.
 
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