Enquiries

[Khalif012]

Hello Everyone

i need help here.

Can I follow the 3-year Naturalization path if I have a pending I-751 that was filed with waver?

we were having serious marital issues at the time of filing the waiver. But now, we are working on resolving our difference through therapy and all. Even though we are not completly fine, we are not talking divorce anymore.

[newacct]

What basis did you select on I-751? If you only selected the basis of divorce (not abuse or any of the other bases), then it cannot be approved unless and until your divorce is final. If you are not divorcing, then you need to change it to some other basis, probably a jointly-filed I-751 by you and your spouse on the basis of remaining married.

The 3-year rule requires that you and your spouse have been "living in marital union" for the last 3 years. Are you guys going to meet that?

[Khalif012]

Thanks for this insight. it was on basis of Abuse on the I-751

[Waywardness]

It's so embarrassing. But it seems quite complicated. I don't understand what the real problem is?

[Eva55]

Hello Everyone

i need help here.

Can I follow the 3-year Naturalization path if I have a pending I-751 that was filed with waver?

we were having serious marital issues at the time of filing the waiver. But now, we are working on resolving our difference through therapy and all. Even though we are not completly fine, we are not talking divorce anymore.

Hello,

Navigating immigration processes can be complex, and it's essential to ensure you understand the specific requirements and implications of your situation. However, generally speaking, if you have a pending Form I-751 (Petition to Remove Conditions on Residence) with a waiver based on a bona fide marriage, it may affect your eligibility for naturalization.

Here are some key points to consider:

1Good Moral Character: One of the requirements for naturalization is demonstrating good moral character during the statutory period preceding your application. While marital issues or pending I-751 may not automatically disqualify you, USCIS will consider the circumstances surrounding your marriage and the reasons for filing the waiver.
Continuous Residence and Physical Presence: You must meet the requirements for continuous residence and physical presence in the United States to qualify for naturalization. Any extended periods spent outside the country may impact your eligibility.
Adjudication of Pending Petitions: USCIS will adjudicate your pending I-751 petition before proceeding with your naturalization application. If the I-751 is approved, and you receive a permanent green card without conditions, you can proceed with the naturalization process. If the I-751 is denied, it could have implications for your immigration status and eligibility for naturalization.
Consultation with an Immigration Attorney: Given the complexities involved in your situation, it's highly advisable to consult with an experienced immigration attorney. They can provide personalized guidance based on your specific circumstances, help you understand your options, and navigate the naturalization process effectively.

It's essential to be transparent and provide accurate information to USCIS throughout the process. Failure to disclose relevant information or provide truthful answers during the naturalization interview can have serious consequences.

Ultimately, the decision to pursue naturalization while a Form I-751 is pending should be made carefully, taking into account all relevant factors and seeking professional legal advice when necessary.