Can You File for Naturalization (Citizenship) While your I-751 Petition “To Remove the Condition” is Still Pending

The I-751 Petition

The I-751 petition is to remove conditions on residence. This petition only needs to be filed for those who applied for residency and were married for less than two years on the date their green card was approved. To know whether you need to file an I-751 or not, you can check the category on your green card.  If your green card is category CR (conditional resident) then you do need to file an I-751. If your green card is category IR (immediate resident), then you are not required to file.

Processing times for I-751 petitions depend on the field office that your case is assigned to. Most field offices currently have a processing time of 24 months, but that time is subject to change (last year they were taking 36+ months). Processing times can increase or decrease over time.

Advantages to Filing for Naturalization While the I-751 is Still Pending

First, yes, you can file for naturalization while the I-751 is still pending.

The two years of conditional residence status counts toward the required 3 years before you can file for naturalization (when still married and living with your spouse). You can file for naturalization up to 90 days prior to the 3-year mark of becoming a permanent resident.

The two primary, significant advantages to filing early are:

• You will become a citizen faster
• It accelerates the I-751 process

Procedurally, if you file naturalization while the I-751 is pending, it is likely that you will be called for your naturalization interview before a decision is made on your I-751 petition. Your spouse should still come to the naturalization interview since the officer will be deciding both on the N-400 (naturalization) and the I-751 at the interview. However, officers often will not even bother calling the spouse into the interview if the applications already included strong evidence of the continued marriage. In a strong, straightforward case, both will be approved at the naturalization interview.

When Not to File for Naturalization While the I-751 is still pending

There are several situations where a person may not want to file for naturalization while the I-751 is still pending. The primary concern is whether there is any risk that the I-751 could be denied. If there is substantial risk, a person may not want to spend any resources on filing for naturalization until they are 100% sure their I-751 petition is approved. Riskier scenarios include:

• You have separated or divorced from your spouse, and you do not have as much evidence of the marriage during the two year period as you would like;
• There is any risk of your ex saying something negative about you or the marriage in the unlikely event that a USCIS officer contacts them about the marriage;
• You are on really bad terms with your ex;
• You filed your I-751 late, meaning after two years of conditional residency. When you file a I-751 late, you must show “good cause”. This standard is not super hard to meet but it does create another element of risk.

If you have any questions about starting the naturalization process while your I-751 is still pending, call us at 303-872-6985 or email us here.