N-400 U.S. Citizenship Approval Despite Pending I-751 Petition
BACKGROUND:
The Applicant, a citizen of Mexico, was working in the U.S. under TN visa status as a Registered Nurse. After marrying a U.S. citizen, our office helped the Applicant obtain Lawful Permanent Residence (green card) through an Adjustment of Status (AOS) application based on the marriage.
As the Applicant’s marriage was less than 24 months’ old at the time of the green card approval, the Applicant’s green card was issued on a 2-year conditional basis. This requires an I-751 petition filing prior to the expiration of the 2-year green card. Our office assisted the Applicant with the I-751 petition, which involved providing evidence of the bona fides of the couple’s marriage during this 2-year period.
Because USCIS is taking an extremely long time to adjudicate I-751 petitions, many individuals are finding themselves eligible for U.S. citizenship while their I-751 petitions are pending. Normally, individuals must continuously reside in the U.S. for 5 years before they become eligible for U.S. citizenship (among other requirements). However, this period is reduced to 3 years for those who are married to U.S. citizens.
SOLUTION:
If an individual is interested in obtaining U.S. citizenship, then it can make sense to file the N-400 application for U.S. naturalization even if the applicant’s I-751 petition is still pending. USCIS needs to adjudicate the I-751 petition before it can process the N-400. Since in many cases, USCIS is processing N-400 applications faster than I-751 petitions, this often results in an officer adjudicating the I-751 petition at the same time as the N-400 application.
In order to file an N-400 application based on marriage to a U.S. citizen, it is important to include proof of the bona fides of the marriage during the past 3 years. In this case, as in all cases I file like this, we provided proof of joint residence, commingling of finances, estate planning, and other evidence of the marriage during this time frame.
We helped prepared the Applicant for the U.S. citizenship exam. Because the I-751 petition was pending, we also prepared the Applicant for questions that are often asked during an initial marriage-based green card application (e.g. regarding the history of the relationship). We also had the Applicant attend the interview with updated documents of the bona fides of their marriage.
During the interview, the officer first asked questions relating to the I-751 petition, i.e. relating to the marriage during the past few years. The officer then moved onto the U.S. citizenship exam testing the Applicant’s ability to use English, and knowledge of U.S. government and history.
FILING PROCESS:
I-751 petition to remove conditional basis of green card filed in Nov. 2021.
N-400 application for U.S. citizenship filed in May 2023.
N-400 interview scheduled for Aug. 2023.
I-751 petition approved, and U.S. citizenship oath ceremony held in Sept. 2023.
Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.