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Simultaneous filing of I-751 and N-400

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  • Simultaneous filing of I-751 and N-400

    My wife and I got married under her K-1 visa and she received her 2 year green card shortly thereafter. She is soon reaching her two year deadline and it is now time to file the I-751 to remove conditions. When we were at that initial interview for her green card, the USCIS officer mentioned that we could file the N-400 at the same time. Does anyone know anything about the simultaneous filing of the I-751 and N-400? Everything that I read says she must wait until the 3-year mark before filing the N-400, Thank you!

  • #2
    From what I read, you need to wait to be close to 3 years married and GC holder.
    You can start the N-400 process even if you haven't finished the I-751 process (still waiting for a 10-year GC).
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Originally posted by mezcal View Post
      My wife and I got married under her K-1 visa and she received her 2 year green card shortly thereafter. She is soon reaching her two year deadline and it is now time to file the I-751 to remove conditions. When we were at that initial interview for her green card, the USCIS officer mentioned that we could file the N-400 at the same time. Does anyone know anything about the simultaneous filing of the I-751 and N-400? Everything that I read says she must wait until the 3-year mark before filing the N-400, Thank you!
      There may be a miscommunication somewhere. You will file the I-751 90 days before the 2 year anniversary of being a resident. Then, if still married, you can file the N-400 under the 3 year rule. That is, 90 days before the 3 year anniversary as a permanent resident. You can file even if the I-751 is still pending.

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