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Hello,
I have been a conditional permanent resident since April 2015 based on marriage to a US citizen in April 2014. I followed the guidelines for submitting the N-400 (90 days prior to the 3 years of permanent resident approval). I had my naturalization interview this morning and the first thing the officer told me was that, because my I-751 (petition to remove conditions of residence) had not been adjudicated, he would not be able to make a decision regarding the citizenship today. He nonetheless interviewed me and administered the civic and English test, which I successfully passed. He told me that because of the overlapping of the applications he could take up to 3 months before a decision could be made. At the end of the interview, however, he handed me a notice of continuance requesting I provide further proof that I have been married and living in a marital union with my spouse for the 5 years prior to filing the N-400. I have about 2 months to submit the additional documentation. This step, however, raises a few issues:
1. The requirement to file an N-400 based on marriage and continued cohabitation is three years from the date of marriage;
2. The Notice of Continuance requests I submit proof of marital union for the 5 years prior to filing the N-400 to be submitted in the next two months, and I've only been married for 4 years; this automatically makes the application invalid.
3. The Notice of Continuance requiring additional proof seems to be unrelated to the issue the officer presented to me, which was a conflict due to a pending I-751 decision.
After a preliminary research, we found that the if the I-751 case is still pending at the time of the N-400 interview, the officer can adjudicate both cases at the same time. This information comes from an older USCIS document, to which I provide the link:
However, the document also redirects to an updated version of the memo, which states that a decision on naturalization cannot be made until the condtion on residency has been removed. Please see section B of the link I provide:
I would like to ask if anyone has had the same issue as we did and how they proceeded. Also I would like to know any opinion on how we move forwards.
Thank you.
I have been a conditional permanent resident since April 2015 based on marriage to a US citizen in April 2014. I followed the guidelines for submitting the N-400 (90 days prior to the 3 years of permanent resident approval). I had my naturalization interview this morning and the first thing the officer told me was that, because my I-751 (petition to remove conditions of residence) had not been adjudicated, he would not be able to make a decision regarding the citizenship today. He nonetheless interviewed me and administered the civic and English test, which I successfully passed. He told me that because of the overlapping of the applications he could take up to 3 months before a decision could be made. At the end of the interview, however, he handed me a notice of continuance requesting I provide further proof that I have been married and living in a marital union with my spouse for the 5 years prior to filing the N-400. I have about 2 months to submit the additional documentation. This step, however, raises a few issues:
1. The requirement to file an N-400 based on marriage and continued cohabitation is three years from the date of marriage;
2. The Notice of Continuance requests I submit proof of marital union for the 5 years prior to filing the N-400 to be submitted in the next two months, and I've only been married for 4 years; this automatically makes the application invalid.
3. The Notice of Continuance requiring additional proof seems to be unrelated to the issue the officer presented to me, which was a conflict due to a pending I-751 decision.
After a preliminary research, we found that the if the I-751 case is still pending at the time of the N-400 interview, the officer can adjudicate both cases at the same time. This information comes from an older USCIS document, to which I provide the link:
However, the document also redirects to an updated version of the memo, which states that a decision on naturalization cannot be made until the condtion on residency has been removed. Please see section B of the link I provide:
I would like to ask if anyone has had the same issue as we did and how they proceeded. Also I would like to know any opinion on how we move forwards.
Thank you.
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