I have been waiting for the decision on my I-829 petition for a few years now. While waiting for the I-829 decision, I realized that I have also recently met the 5-year time requirement for a Permanent Resident to apply for the Naturalization Test (I was first granted a Green Card in 2016). My question is: Would I be able to file N-400 while waiting for the decision on my I-829 form, or would I have to wait until the I-829 has been approved, and I have become a non-conditional permanent resident in order to file N-400 and apply for citizenship?
You can file but it will not be favorably adjudicated until the I-829 is approved. It is possible they will consolidate both at the same interview as they often do with concurrent I-751/N-400 filings.
Unlike the I-751, where the N-400 officer can adjudicate both applications, it seems to me that the local USCIS officer adjudicating the N-400 would not be sufficiently trained to adjudicate the I-829.
You can file N-400 if you meet the criteria, but your N-400 will only be approved after your I-829 approval.
You can file N-400 while I-829 is pending.
You can file to naturalize but it will not be approved until your I-829 is approved.
