Can I file for N-400 while pending i-751?

[hparke20]

Hi all!

Married in 2019, approved for my green card 2020, divorced in 2021. Submitted I-751 and have been 'Case is Ready to Be Scheduled for An Interview' since 2023. As i've had a green card for 5 years now, can i apply to remove the conditions with N-400? Thank you!

[newacct]

yes

[Malic]

No, you must file the I-751 to remove conditions first, even after divorce and 5 years. You can’t apply for N-400 until the conditional status is lifted.

[newacct]

you must file the I-751 to remove conditions first, even after divorce and 5 years.

The OP said they already filed I-751.

You can’t apply for N-400 until the conditional status is lifted.

Not true. The N-400 can't be approved before the I-751 is approved, but the N-400 can be filed while I-751 is pending, and they can be adjudicated concurrently.

See USCIS Policy Manual, Volume 6, Part I, Chapter 3, section E:

Because of differences in processing times between the Form I-751 and the Application for Naturalization (Form N-400) and because CPRs are eligible to apply for naturalization (if otherwise eligible), there may be instances when a CPR applies for naturalization while the CPR’s Form I-751 is still pending. If the CPR has a pending Form N-400, USCIS adjudicates the Form I-751 before or at the same time as the Form N-400.

And USCIS Policy Manual, Volume 12, Part G, Chapter 5, section B-2:

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application.