N-400 While I-751 Is Pending: Can You Apply for Citizenship?

Why You Can File N-400 with a Pending I-751

This surprises a lot of people, but the law is straightforward. Under INA Section 216(e) (8 U.S.C. § 1186a(e)), conditional permanent residents are treated as having been admitted for lawful permanent residence for naturalization purposes. That means the time you've spent as a conditional resident counts toward the naturalization residence requirements (including continuous residence and physical presence), as long as you otherwise meet the requirements.

The federal regulation 8 CFR Section 216.1 reinforces this by stating that all rights and privileges that apply to permanent residents also apply to conditional permanent residents, including the right to apply for naturalization.

There's one important caveat: USCIS generally cannot approve your N-400 while your I-751 is still pending. But you can absolutely file it. Processing times vary by field office (N-400) and by service center (I-751), and they change frequently—so check the current ranges on USCIS's processing-times tool. When your N-400 interview is scheduled while the I-751 is still pending, USCIS may adjudicate both in connection with the naturalization interview.

The 3-Year vs. 5-Year Path for Conditional Residents

Which timeline applies to you depends on your current marital status.

The 3-year path applies if you're still married to and living with the U.S. citizen who sponsored you (INA Section 319(a)). Your clock starts from the date you received your conditional green card, not from when your I-751 is approved. You can file N-400 as early as 90 days before completing 3 years of continuous residence.

The 5-year path applies if you're divorced, separated, or your spouse passed away. Conditional resident time still counts, but you'll need to wait longer before filing. If you've gone through a divorce and filed an I-751 waiver, you cannot use the 3-year marriage rule.

For a detailed breakdown of the marriage-based citizenship path, including exactly when to file, see our guide.

What Happens at the Combined I-751/N-400 Interview

When your N-400 interview is scheduled while your I-751 is still pending, USCIS policy requires the officer to adjudicate the I-751 before or at the same time as the N-400 (USCIS Policy Manual, Vol. 12, Part G, Ch. 5). This is sometimes called a "combo interview."

Here's what typically happens:

Scenario 1: The officer reviews both applications at the interview. This is the best case. The officer will ask about your marriage (I-751 questions), review your bona fide marriage evidence, then move on to the N-400 interview questions, English test, and civics test. If both are approved, you may be scheduled for an oath ceremony that same day or shortly after.

Scenario 2: The officer interviews you but cannot decide immediately. Sometimes the officer needs more time to review the I-751 evidence. You'll complete the civics and English tests, but the final decision on both applications comes later by mail.

Scenario 3: The I-751 file hasn't been transferred. This is the most frustrating outcome. Your I-751 may be at a USCIS Service Center while your N-400 interview is at your local field office. If the officer doesn't have your I-751 file, they may still conduct the N-400 interview and tests, but a final decision generally cannot be made until the I-751 is reviewed and adjudicated.

What to Bring to the Combined Interview

In addition to the standard items for your citizenship interview, you should also bring:

• Your I-751 receipt notice (Form I-797C)
• Updated bona fide marriage evidence (recent tax transcripts, joint bank statements, utility bills, photos together)
• Your I-751 document checklist evidence, ideally organized in the same order you submitted it
• A cover letter explaining that your I-751 is pending and requesting combined adjudication
• Your conditional green card (even if expired) and any extension notices

Will Filing N-400 Speed Up Your I-751?

This is one of the most common questions, and the honest answer is: often yes, but it's not guaranteed.

When you file N-400 and get scheduled for an interview, USCIS needs to resolve your I-751 before it can approve your citizenship. That creates internal pressure to move the I-751 along. Community reports from immigration forums consistently show that people who filed N-400 while I-751 was pending often had their I-751 resolved months or even years ahead of people who only filed I-751.

One applicant from Texas reported their I-751 had been pending for over two years with no movement. After filing N-400 and getting an interview date, USCIS approved both applications at the interview, just four months after the N-400 filing.

But this isn't universal. Some applicants report that their N-400 interview went smoothly except the officer didn't have their I-751 file, leaving them in limbo for additional months. Filing N-400 is not a guaranteed shortcut, but it does put your case in front of an actual officer rather than sitting in a Service Center queue.

What If Your I-751 Is Denied?

This is the biggest risk to understand. If USCIS denies your I-751, your N-400 will also be denied because you would no longer be a lawful permanent resident. An I-751 denial can also trigger removal proceedings.

That said, I-751 approval rates have historically been around 95 to 97 percent. If you filed jointly with your spouse and have solid evidence of a genuine marriage, denial is unlikely. For a full breakdown of what to do if things go wrong, see our I-751 guide.

If your marriage is in trouble or you're concerned about I-751 approval, it may make sense to speak with an immigration attorney before filing N-400. The cost of filing N-400 is $710 online or $760 by paper (USCIS Fee Schedule), and that fee is not refunded if your application is denied.

Key Tips for Filing N-400 with a Pending I-751

File as soon as you're eligible. You can submit your N-400 up to 90 days before completing the required period of residence (8 CFR § 334.2(b)). The earlier you file, the more parallel processing time you gain.

Include a cover letter. Attach a brief letter to your N-400 explaining that your I-751 is pending, include your I-751 receipt number, and request that USCIS adjudicate both applications at your interview. This helps the officer locate your I-751 file.

File online if possible. Online filing costs $50 less and allows you to upload documents directly. For a step-by-step walkthrough, see our N-400 filing guide. And if you want guided help, you can start your N-400 application with Immiva for a fraction of attorney fees.

Prepare for the civics test. If you filed N-400 after October 20, 2025, you'll take the new 2025 civics test with 128 questions. Review all 128 civics questions well in advance.

Keep your address updated on both applications. If you move, update your address with USCIS for both your I-751 and N-400. Failing to do this is one of the most common N-400 mistakes.

Know how to pay. USCIS accepted paper checks and money orders only until October 28, 2025. After October 28, 2025, USCIS generally accepts only ACH debit (Form G-1650) or credit card payments (Form G-1450) for paper-filed forms, unless you qualify for an exemption. If you file a form online, you pay online through the USCIS online filing system.

Official Sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:

USCIS Resources

• USCIS Form N-400 Official Page
• USCIS Form I-751 Official Page
• USCIS Policy Manual, Vol. 12, Part G, Ch. 5: Conditional Permanent Resident Spouses
• USCIS Policy Manual, Vol. 12, Part D, Ch. 2: General Naturalization Requirements
• USCIS Policy Manual, Vol. 6, Part I, Ch. 3: Petition to Remove Conditions
• USCIS Fee Schedule
• USCIS Processing Times

Federal Regulations

• 8 CFR Section 216.1 - Conditional permanent resident rights including naturalization
• 8 CFR Section 316.2 - Naturalization eligibility requirements

Immigration and Nationality Act

• INA Section 216(e) / 8 U.S.C. Section 1186a - CPR time counts for naturalization
• INA Section 319(a) - Marriage-based 3-year naturalization

DHS CIS Ombudsman

• Webinar: USCIS Processing of Concurrently Pending N-400 and I-751
• Follow-up Q&A on Concurrent Processing

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.