If you obtained your green card based on a marriage to a U.S. citizen, you will have to file an I-751 within the 90 day period before your 2-year Conditional green card expires. Additionally, if you are still married, you may file a naturalization petition 90 days before your 3-year green card anniversary.
The question that then arises is: Can these two petitions (I-751 Petition to remove conditions on your green card and N-400 naturalization petition be pending at the same time)? Or do you have to wait until the I-751 petition is approved by USCIS and only then file the N-400 naturalization petition?
You received your 2-year conditional green card on October 1, 2018. You filed the I-751 petition timely in September 2020, and the I-751 petition is still pending as of August 2021. In August 2021, you will be eligible to file the N-400 naturalization petition.
Is it possible to have an I-751 and N-400 forms pending at the same time?
Yes. As long as you meet all the requirements for naturalization , you will be able to file the N-400 naturalization petition even if the I-751 petition is still pending with USCIS.
However, you should include the I-751 Receipt Notice in your Naturalization petition to put the reviewing officer on notice that your I-751 petition is still pending. Your naturalization petition cannot be approved until the I-751 Petition to Remove the conditions on your green card is approved.
Additionally, you should make a request to USCIS that the I-751 petition is adjudicated at the naturalization interview at a USCIS field office. USCIS will then usually adjudicate the I-751 at your naturalization interview.
Please note that the above only applies in case if you and the spouse who originally sponsored you for the green card are still married at the time of the naturalization.
FREE Visa Resources
Click on the buttons below in order to claim your free Visa Guide (E-1, E-2, TN, EB-5, H-1B, L-1, PERM, NIW, EB-1, O-1, E-3), sign up for our free Webinar, join our Facebook Group, or watch our videos.
Set up a Visa or Green Card Consultation
For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation.
This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.