Synonymous Early Filing for Naturalization & Removal of Conditions Anyone

[Hotaru-Grace]

What has your experience been?

I do not recall seeing any post with individuals who have synonymously filed for naturalization and removal of conditions. In my situation, based on my lawful permanent resident status through marriage to my hub-bub- (US Citizen), it seems that I can go ahead and file early for naturalization. At the time when we will submit the removal of conditions by May 1, we will be 1 month shy of our 3 years anniversary. Based on the USCIS website we would be eligible to file for naturalization since as of June 28, I would have lived in the US for 3 continuous years (lived 5 years) and married to the same spouse (US Citizen) for 3 years (known for 4 years), as well as my spouse has been a US Citizen for 3 years. We will read more on that, and might wait to file the naturalization a few months after we submit the removal of conditions though the (Early filing would be in line with 90 days before our 3rd anniversary) which again will align with the timeline for submitting the I-751- removal of conditions. What say you?

[newacct]

This doesn't make sense. When did you become a permanent resident? (What does it say for the "Resident Since" date on your green card?) You apply for Removal of Conditions jointly in the 90-day window before you have been a conditional permanent resident for 2 years. And the earliest you can file for naturalization under the 3-year rule is 90 days before you have been a permanent resident for 3 years. So there would at least be 9 months between when you file Removal of Conditions and when you can apply for naturalization under the 3-year rule. Maybe you are getting confused when you say "lived in the the US for 3 continuous years"; continuous residence only counts time after you have become a permanent resident.

[Hotaru-Grace]

This doesn't make sense. When did you become a permanent resident? (What does it say for the "Resident Since" date on your green card?) You apply for Removal of Conditions jointly in the 90-day window before you have been a conditional permanent resident for 2 years. And the earliest you can file for naturalization under the 3-year rule is 90 days before you have been a permanent resident for 3 years. So there would at least be 9 months between when you file Removal of Conditions and when you can apply for naturalization under the 3-year rule. Maybe you are getting confused when you say "lived in the the US for 3 continuous years"; continuous residence only counts time after you have become a permanent resident.

Thank you for responding. I see your point and I agree that there will be some months before applying for N-400, I earlier stated that we will be waiting. I have no intention of applying for naturalization at the same time that I apply for removal of condition. My question to the forum stemmed from a friend's advice that both should be done at the same time. Her advice made no sense to me either, but alas, I tried to analyze things and came to the conclusion that the timing for the removal of conditions and thus the issuing of the 10y green card-hopefully received would help to bring my LPR status to 3 years, thus by then I will be fully aligned with the timing and requirement for applying for the N-400. So I agree that applying for the N-400 should follow due process and is time restricted. Thank you for you input Newactt.

[newacct]

Thank you for responding. I see your point and I agree that there will be some months before applying for N-400, I earlier stated that we will be waiting. I have no intention of applying for naturalization at the same time that I apply for removal of condition. My question to the forum stemmed from a friend's advice that both should be done at the same time. Her advice made no sense to me either, but alas, I tried to analyze things and came to the conclusion that the timing for the removal of conditions and thus the issuing of the 10y green card-hopefully received would help to bring my LPR status to 3 years, thus by then I will be fully aligned with the timing and requirement for applying for the N-400. So I agree that applying for the N-400 should follow due process and is time restricted. Thank you for you input Newactt.

If you are asking whether you can file N-400 while your I-751 is pending, the answer is yes. You will almost certainly qualify for naturalization under the 3-year rule before your Removal of Conditions is approved, since the processing times for I-751 are all more than 1 year, sometimes almost 2 years. So you would file I-751, and then about a year later when you reach 90 days before you have been a permanent resident for 3 years, you can file N-400 even though your I-751 isn't approved yet. In fact, filing N-400 can sometimes help speed up your I-751 adjudication.

[Enub4]

From what I read, it is impossible to file for both at the same time:
- Removal of conditions: 2 years as a GC holder
- Naturalization: 3 years as a GC holder

[Hotaru-Grace]

If you are asking whether you can file N-400 while your I-751 is pending, the answer is yes. You will almost certainly qualify for naturalization under the 3-year rule before your Removal of Conditions is approved, since the processing times for I-751 are all more than 1 year, sometimes almost 2 years. So you would file I-751, and then about a year later when you reach 90 days before you have been a permanent resident for 3 years, you can file N-400 even though your I-751 isn't approved yet. In fact, filing N-400 can sometimes help speed up your I-751 adjudication.

Bingo, we fingered just as well. The wait time for the I-751 can very well overlap with the timeline for the application for the N-400. Either ways we will be focusing on the I-751 first, a few months after just around this time or later next year, we will start preparing documents to apply for the N-400, yes 90 days before the 3rd year of either waiting or having the green card. Thank you much for adding great insight Newacct.

[Hotaru-Grace]

From what I read, it is impossible to file for both at the same time:
- Removal of conditions: 2 years as a GC holder
- Naturalization: 3 years as a GC holder

I figured that as well. However, I pretty much got the understanding that I will have to closely monitoring the wait time for the I-751 as well as the timeline for applying for the N-400 as somehow they may overlap.

[Enub4]

I figured that as well. However, I pretty much got the understanding that I will have to closely monitor the wait time for the I-751 as well as the timeline for applying for the N-400 as somehow they may overlap.

That's correct, as newacct said, look at both and see what is needed. You will do the removal first and then, even if that process is not finished, you can start the naturalization. Check the dates closely, I have read that they can (and will) reject/deny an application for just 1 day.

[Hotaru-Grace]

Thank you Enub4.