According to the field office processing dates for CALIFORNIA SERVICE CENTER, as of September 30 2012, it will take up to 6 months to process I-751 (Petition to Remove the Conditions on Residence). In my case, this means USCIS will complete my I-751 application by June 22, 2013.
Since I will qualify to file N-400 (Application for Naturalization) starting September 5, 2013 (72 days later), can I concurrently file I-751 (Petition to Remove the Conditions of Residence) with N-400 applications (Application for Naturalization)?
No, don't file them together.
To do so will:
1. result in 'dueling' applications, probably causing delay
2. probably mean that the I-751 will have been filed late
3. probably meant that the N-400 will have been filed early.
Take your time, go through the 'proper' steps.
Heather Louise GarvockImmigration AttorneyAnn Arbor, MI ·
I agree with my colleague. You must go through the process step by step and at the appropriate time. This means filing your I-751 90 days before your CR expires and filing your N-400 90 days before your 3 year anniversary. If you are interested in making the process as fast and efficient as possible, I would encourage you to engage an attorney rather than take short cuts.
Good luck!
Not too long ago, when processing times were a bit slower, it was not terribly uncommon for a couple to file an I-751, and while that petition was still pending, the non-citizen entered the N-400 window and filed the citizenship application. When it came time for the interview, the Service examiner would review both applications, and so a conditional permanent resident would, on the same day, move from permanent residency to citizenship.
However, you cannot force this to happen by filing your N-400 early--it will simply be rejected, and don't even think about trying to get your filing fees back from the government. I suppose you could increase the odds of this happening by filing your I-751 as late as possible in the 90 day window, and then filing your N-400 as early as possible in that separate 90 day window. If you end up getting a simultaneous adjudication at your local office, cool. But if it doesn't, you'll just have to have them reviewed separately.
Dont file anything early. It will be rejected and you loose extra $680 for N-400. The process is not ideal but in the end you only paying for removal and natz just because you have been married for less than 2 years prior to adjusting your status.
Your timeline doesn't make sense. It sounds as though you need to file the I-751 now but won't be eligible to file the n-400 until September 2013, almost a year from now. So, there's no way to file the two together without one being late and the other being early.
Also, the published processing times are always subject to change and you have no way of predicting whether your I-751 will move forward smoothly or whether there will be hiccups (incidentally, you can diminish the likelihood of hiccups by hiring competent counsel to help you prepare a solid application).
