3 years or 5 years?

[User Name]

Hi,

I got my GreenCard (I-485 approval) about 3.5 years ago (April 2001).
I got it through my employer (not marriage).
I married a US citizen in June 2000 (9 months before I-485 approval date).

Now, do I get to apply based on 3 year rule or based on 5 year rule?

My previous lawyer had told me that I can apply in 3 years. The new lawyer (that I'm thinking of using, but haven't hired yet) tells me that I have to apply after 5 years.

1. So, would you wait another 13 months (Until Jan 2006) or would you apply now?
2. Which one is easier and less likely to be problemetic?

Any idea would be greatly appreciated.
Thank you

 

[C R S]

Your previous lawyer is correct. Refer to:

http://uscis.gov/lpBin/lpext.dll/in...lb-8689?f=templates&fn=document-frame.htm&2.0
http://uscis.gov/graphics/services/natz/English.pdf

Applications filed under this category appear to invite a little more scrutiny than do the ones filed under the default category but as long as everything is above board, there is no cause for concern.

 

[Rahul Kumar]

If you are an LPR for a minimum of 3 years *AND* have remained married to a USC for a minimum of 3 years you can apply for naturalization