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Important please help: Applying for n-400 while pending i-751

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  • Important please help: Applying for n-400 while pending i-751

    Hi friends
    So i’m gonna be due next month to apply for naturalization based on marriage to US citizen. However my i-751 (Application to removal of conditions hasn’t been approved yet). It’s been almost a year since i applied and it’s still pending.
    I read that i can still apply for N-400 while it’s still pending but i have few questions:
    1- I read that i should include a cover letter to explain that i have a pending i-751 case and am still married, etc( Does anyone knows what else should this letter include? Any one comfortable with sharing a format they used before for a similar situation and had luck with it?)
    2- Can i still apply online for N-400 while pending the i-751 or it has to be the paper format?
    what’s the pros and Cons of applying online? Does it have anything to do with faster processing times?
    ( I never applied online before for the first green card or when i applied for the I-751, just recently learned about the online applications)
    3- Should i be including all documents to show that am still with my wife again with the N-400 (since am still pending i-751)

    Thanks so much in advance!
    appreciate any help or advice

  • #2
    I-751 and N400 are two separate processes. The linkage, however, is that the N400 will not be approved till I-751 is
    So to answer your questions:
    1. You can apply for N400 3 yrs from the date on your conditional greencard (90 days early filing is acceptable)
    2. I advise that you apply for N400 online as the process is very streamlined. Only upload the required documents and not all of them. Additionally, I would include the I-751 filing receipt and a letter that states that the case is still pending
    3. The remaining documents can be taken for the interview.
    4. Depending on the district, they may
    - Only conduct your N400 interview and if all goes well, keep it in continuance till you are done with your ROC interview. Once you pass that, you will get the oath letter
    - If they get both your files, they will do a combo interview (N400+I751). In this case, you will most likely be told of the decision right away and you will be scheduled for oath shortly.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by R78 View Post
      I-751 and N400 are two separate processes. The linkage, however, is that the N400 will not be approved till I-751 is
      So to answer your questions:
      1. You can apply for N400 3 yrs from the date on your conditional greencard (90 days early filing is acceptable)
      2. I advise that you apply for N400 online as the process is very streamlined. Only upload the required documents and not all of them. Additionally, I would include the I-751 filing receipt and a letter that states that the case is still pending
      3. The remaining documents can be taken for the interview.
      4. Depending on the district, they may
      - Only conduct your N400 interview and if all goes well, keep it in continuance till you are done with your ROC interview. Once you pass that, you will get the oath letter
      - If they get both your files, they will do a combo interview (N400+I751). In this case, you will most likely be told of the decision right away and you will be scheduled for oath shortly.
      R78 Thank you so much for your rapid response.
      i’m in SF, California. Do you happen to know anything about the way this district conduct these interviews together or separate?
      Also for the letter that i should include does it have to mention anything else beside saying that i have a pending i-751?
      appreciate the help!
      Last edited by Rymb2008; 07-25-2020, 08:06 PM.

      Comment


      • #4
        I have no idea on the processing times or how this is conducted. Even if you go through other posts, you will see that some had it in the same interview (N400+I751) and others had separate ones.
        That's why including a copy of the I-751 receipt notice and a simple letter that states, "ROC pending, I-751 filed on ZZZ, Receipt#....." helps as this may trigger the officer doing the initial review to get the file transferred.
        Opinion only. Cannot be construed as legal advice.

        Comment

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