Q: Can I apply for naturalization with a pending i751 with waiver based on abuse?
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A: I don’t recommend it because they will not address it until the waiver is adjudicated.
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A: ASSUMING that you meet the requirements for naturalization at some point in time during the pendency of the I-751 case, it is permitted to file an application for naturalization (Form N-400) without the I-751 case having yet been adjudicated. In some instances, it can actually help to speed up the processing time of the I-751 case, which is typically very long. The I-751 case must be adjudicated first, but what can happen is that you could be scheduled for a naturalization interview before a decision on the I-751 has been issued. In that situation, the USCIS Adjudicator's Field Manual contemplates the officer at your naturalization interview adjudicating both cases at that single interview. AFM Chapter 25.1(k). I would advise that you speak with a competent immigration attorney, first to discuss whether and when you meet the naturalization eligibility requirements and next to discuss the possibility of interfiling. Good luck.
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A: It depends. If it has been more than three years since you got your first (CR-1) green card, and you are still living with and married to your USC spouse, then yes. If you are no longer living with the USC spouse, then no.
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