Q: My spouse and I timely filed our Form I-751, Petition to Remove Conditions on Residence, with USCIS. I’ve had my green card and been married to a U.S. citizen for at least three years. Can I apply for citizenship while my I-751 is still pending?
A: You should be able to apply for citizenship even if the I-751 petition is still pending. USCIS will consider both applications at the same time, but they will have to approve the I-751 petition before granting citizenship. USCIS may even schedule you for one interview to decide both cases. Please consult with an attorney to see if your U.S. citizen spouse needs to attend the interview with you.
You must also meet all the other requirements for citizenship:
- Continuous residence in the U.S. for at least 3 years before filing your application and up to the time of naturalization. A long trip outside the U.S. (typically of six months or more) may disrupt continuous residency.
- Physical presence in the U.S. for at least 18 months out of the last 3 years before filing the application.
- Good moral character. Some factors to consider- criminal history, non-payment of U.S. taxes, non-payment of child support, etc. You’ll definitely want to discuss this with an attorney.
- Residence within the state or USCIS district where you plan to apply for citizenship for at least 3 months before filing your application.
- Basic understanding of U.S. government and history. You’ll need to pass a civics test during your interview.
- Ability to read, write, and speak basic English. There are some exceptions to this requirement based on age and length of time you’ve had your green card.
- Understanding of, and attachment to, the principles of the U.S. Constitution. You will have to take the Oath of Allegiance to the United States.
You will also need to prove that you’re still married and have been living with your U.S. citizen spouse as a married couple for at least 3 years before filing your application. Importantly, your U.S. citizen spouse must have been a citizen for the entire 3-year period and must remain a citizen until you are naturalized.
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Q: I am no longer married and filed my I-751 petition by myself, but I’ve had my green card for at least five years. Can I apply for citizenship?
A: You should be able to apply for citizenship. As mentioned above, USCIS will consider both applications at the same time, but they will have to approve the I-751 petition before granting citizenship. USCIS may even schedule you for one interview to decide both cases.
You must meet all the other requirements for citizenship mentioned above, with some changes-
- Continuous residence in the U.S. for at least 5 years before filing your application and up to the time of naturalization. A long trip outside the U.S. (typically of six months or more) may disrupt continuous residency.
- Physical presence in the U.S. for at least 30 months out of the last 5 years before filing the application.
Q: If I file my citizenship application while my I-751 petition is pending (assuming I meet all the requirements), will my I-751 petition be approved faster?
A: While we cannot guarantee that applying for citizenship will speed up the I-751 petition, it may! We have handled many cases where the I-751 petition was approved during or shortly before the citizenship interview. It can take USCIS anywhere from 15 to 25 months (or even longer) to approve an I-751 petition, but citizenship applications are usually processed faster. However, processing times can always vary.
McEntee Law Group exclusively handles immigration cases. We are immigrant-founded and run, and are happy to have a diverse team with personal experiences relating to immigration. Although we are based in Chicago, we handle cases internationally and can provide service to you wherever you may be, including all 50 states.
