2 options for Naturalization

H

hellen

New Member
Hello, I am a Canadian with permanent residence status since Jan 2000. This was an employment-based petition, which began as a H1 back in 95. Worked a total of 5 years for employer who sponsored me, but left job soon after green card was issued.
Have continued to work and reside permanently in US. I understand that as of 90 days prior to Jan 2005, I have been eligable to apply for naturalization.
I will be marrying an American (first marriage for both) in a few months and was wondering whether I should naturalize as the spouse of an American or based on my own status until now.
Not sure which way to proceed.
Any pros and cons either way and is one process of naturalization more involved than the other?
Which method would be better recommended?
Thanks
 
You will be eligible to apply as a spose of USC only after 3 years minus 90 days from the date of marriage to USC. So , at present you actually have only one option, file N-400 as LPR with 5yrs-90 days of GC and with 30 months Plus of physical presence.
 
Radni said:
You will be eligible to apply as a spose of USC only after 3 years minus 90 days from the date of marriage to USC. So , at present you actually have only one option, file N-400 as LPR with 5yrs-90 days of GC and with 30 months Plus of physical presence.
Click to expand...

I agree with Radni.
 
Just go ahead and do it

hellen,

Naturalization is easier than getting the green card. There is no advantage for you to wait - and you would have to wait 3 years - to use the "married to a USC" clause.

-Ocelot
 
hellen said:
Hello, I am a Canadian with permanent residence status since Jan 2000. This was an employment-based petition, which began as a H1 back in 95. Worked a total of 5 years for employer who sponsored me, but left job soon after green card was issued.
Have continued to work and reside permanently in US. I understand that as of 90 days prior to Jan 2005, I have been eligable to apply for naturalization.
I will be marrying an American (first marriage for both) in a few months and was wondering whether I should naturalize as the spouse of an American or based on my own status until now.
Not sure which way to proceed.
Any pros and cons either way and is one process of naturalization more involved than the other?
Which method would be better recommended?
Thanks
Click to expand...

File for naturalization as a U.S permanent resident for 5 years.
 
naturalization

Ocelot said:
hellen,

Naturalization is easier than getting the green card. There is no advantage for you to wait - and you would have to wait 3 years - to use the "married to a USC" clause.

-Ocelot
Click to expand...
I read this and have been readin posts on this forum. Seems to be a place for people who have immigration issues. So i like it as i am one of them.

i saw above post and wondered what you meant by Naturalisation is eaier than Green card. I have known people be deported or listed on removal proceeding, after they filed for Citizenship, the INS argued that the Ins officer then misjudged the case and should not have granted GC in the first place. the guy was not a criminal but had possession of maijuana a long time ago, long before he became permanent resident.

Care to elaborate, please
 
Naturlaization is easier than getting GC in the following sense:

If you are applying for GC you need someone to file on your behalf (Family member /employer). Need to show proof of supprt, etc, etc.

With naturalization, however, once you met the conditions, it is an almost automatic process to getting naturalized. (Unless, terrorist, criminal, etc.)

Thus,

Once you met your 5 GC years, what exactly do you think to gain by saying that you are married to a US citizen. This only helps if you do not have the 5 years and want to apply sooner (3 years).

Unless you are a criminal/terrorist go ahead and apply for natralization.

Unless you are as unlucky as can be, you will have your oath in less than 18 months.

Yalag
 
Explanation

chakman said:
i saw above post and wondered what you meant by Naturalisation is eaier than Green card. ... Care to elaborate, please
Click to expand...

Sure. I was talking about the paperwork. There is much more paperwork for the GC. I did it for my wife without a lawyer.

I can't even remember all the forms but there were:
1) Application to sponsor (from me) i think this is I-130.
2) Application for adjustment of status (she was previously F-1) I-485
3) Application for advance parole (in case she had to leave the country while GC was pending).
4) Application for temporary work permit. (to work while 485 pending)
5) Affidavit of support (goes along with I-130)
6a) Biographical data sheet for me.
6b) Biographical data sheet for her.
7) Opinion letter from USIA that she was not subject to the 2-year return requirement on her original J-1 visa. (she came on J-1 and changed to F-1).
8) Medical report from a "civil surgeon" - including tests for various deseases
9) certified translations of the birth certificate.
10) copy of original birth certificate in original language.
11) official copy of marriage certificate.
12) official copy of my birth certificate.
13) photos

I may have missed a few things. And she had to go for fingerprinting. Then after 90 days she had to go to a brief interview to get her temporary work permit. And after they finally got done with application, we both had to appear for an interview - along with documents proving we had a real marriage - and that I was able to support her.

Now for citizenship, it was much easier. Simple form. Not many docs to send. One interview (not yet).

-Ocelot
 
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