3year rule or 5 year?? for N-400

jen1968

Registered Users (C)
hi! please give me an advice:)
which one should I go for N-400 about applying for naturalization based on your marriage or 5 year?
I got my GC as married with my husband who is US citizen( born US) 1996~.
got my GC 1997.
now I am wondering which one is I should go???
 
Either one you like. The 5 year route is best if you do not have many absences and can prove your residency in the USA for the past 5 years. I say this, because it requires less paperwork during the process - such as marriage certificates, tax transcripts , etc that marriage based N-400s seem to require.

We have a forum member Martin - that was in a similar situation and he applied using the 5 year rule without any difficulties.
 
5 year. Marriage-based N400 involves an additional hassle taking your spouse to the interview. Plus, they have to be sure that you are married up until you take an oath.
 
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3year rule or 5year?? N-400

hi!LolaLi :) thank you very much for your an advice.


>Either one you like. The 5 year route is best if you do not have many absences

I wonder if is ok that I had traveled total of 450days ( 13 trip total )
past 5 years.

about total 980days out side of USA since I got GC 1997.

all travel is just see my parent's and my old aunt's,
any trip never more than 6month ione trip or not total 6month out of USA)
a year.


> can prove your residency in the USA for the past 5 years. I say this, because it requires less paperwork during the process - such as marriage certificates, tax transcripts , etc that marriage based N-400s seem to require.


I can prove that I've been residence USA for the past 5years,
but I love less paper work :p
 
3year rule or 5year?? N-400

Huracan ! thank you very much for your post.
I am going apply N-400 as 5years.less paper work is :D
 
hi! please give me an advice:)
which one should I go for N-400 about applying for naturalization based on your marriage or 5 year?
I got my GC as married with my husband who is US citizen( born US) 1996~.
got my GC 1997.
now I am wondering which one is I should go???

I filed under the 3 year married rule and found it no more or less complicated. If you are happily married ( meaning no impending divorce ) then go that route. Mine was easy as pie, just had to copy and add a few more docs (marriage cert, joint tax returns copy birth cert child), took me 5 minutes, big whoop. And why wait 2 more years if you can already be done earlier then that. And no he does not HAVE to be present for your interview, he can if he wants to but his presence is NOT required. As a matter of fact he is not even allowed in the interview room with you.
 
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Huracan ! thank you very much for your post.
I am going apply N-400 as 5years.less paper work is :D

Really you are gonna sacrifice 2 years of earlier Citizenship for having to copy maybe five additional documents, which takes a few minutes and one free phone call to the IRS to get your joint tax transcripts????? :rolleyes:
 
Really you are gonna sacrifice 2 years of earlier Citizenship for having to copy maybe five additional documents, which takes a few minutes and one free phone call to the IRS to get your joint tax transcripts????? :rolleyes:

Jojo72, please note that jen1968 already qualifies for the 5 year route, she doesn't need to wait any 2 years ;)
 
3year rule or 5year?? N-400

hi!Jojo72
thank you very much for your advice:)
yes! I am happily married :)and no ploblem to get all doc.
( but one paper work,it's take bit time to get Doc , I have to go get my proof of divorce paper to city office in my country,in any case I will get the proof od divorce paper before interview,)

>why wait 2 more years if you can already be done earlier then that

I am already in USA since 1996 when I married, I got my GC 1997.
so I've been in USA for about 12years with Lawful.

that's the why I was thinking which is more easy:)
 
hi!LolaLi :) thank you very much for your an advice.


>Either one you like. The 5 year route is best if you do not have many absences

I wonder if is ok that I had traveled total of 450days ( 13 trip total )
past 5 years.

about total 980days out side of USA since I got GC 1997.

all travel is just see my parent's and my old aunt's,
any trip never more than 6month ione trip or not total 6month out of USA)
a year.


> can prove your residency in the USA for the past 5 years. I say this, because it requires less paperwork during the process - such as marriage certificates, tax transcripts , etc that marriage based N-400s seem to require.


I can prove that I've been residence USA for the past 5years,
but I love less paper work :p

I am not an expert, but I think you are perfectly fine on the physical presence requirements and continuous residence. However, the IO might ask you about the trips, as you have quite a few of them

You might want to check the guide to naturalization for more details:

http://www.uscis.gov/files/article/M-476.pdf
 
hi!Jojo72
thank you very much for your advice:)
yes! I am happily married :)and no ploblem to get all doc.
( but one paper work,it's take bit time to get Doc , I have to go get my proof of divorce paper to city office in my country,in any case I will get the proof od divorce paper before interview,)

>why wait 2 more years if you can already be done earlier then that

I am already in USA since 1996 when I married, I got my GC 1997.
so I've been in USA for about 12years with Lawful.

that's the why I was thinking which is more easy:)

Ah I see,makes complete sense now that I know your time line. Well yes indeed , if the divorce decree is hard to obtain for you, 5 yrs file might be easier, though I am not sure if you'd still have to provide that document and info. But I guess not. In any case good luck and I wish you a very speedy process :) 99% of the work really is just getting the docs in order and sending out the application.
 
its the 3 year rule no doubt in that..so apply around the 3 years anything can happen in 5 years go for it in 3 years. 5 year is for someone who isnt married to a USA citizen. you r so u shouldnt wait..
 
Well if you have the proper paperwork and are still married to your husband, i say go for the 3 years.
Most of the documents they will ask to provide are usually assessable if you are still married to your husband.
 
3year rule or 5year?? N-400

thank you very much for all of your help!:)
now I am getting confuse....
should I apply 3years or 5 year:confused:
I can get all document right now expect proof of divorce doc.
(I can get it right way if I go to city office in my country, but I can't go
right now.maybe after summer.... )

and bit getting worry about my trip,
I did read the M-476 well. I guess that I am ok to apply
but I might be misunderstanding something or ??

>5 year is for someone who isnt married to a USA citizen.
ummm so 3 years?
 
With the 3 year rule it gives them additional opportunities to poke holes in your case ... in addition to the residence criteria you also have to show that you were married to and living together with a US citizen and that the marriage is genuine. If you get a friendly IO who accepts your word, 3-year or 5-year rule will be equally easy. But if you get an anal one you'll have more to prove with the 3 year rule, as they'll start probing into your marriage business ... and with the 3 year rule if divorce or death ends the marriage or you live apart before you're interviewed (which could be years if you're stuck in name check), your case will be denied. Still, if you get a super-anal one it will be equally difficult either way.
 
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>5 year is for someone who isnt married to a USA citizen.
But it is not ONLY for someone who isn't married to a US citizen. Those who have lived in the US with a green card for 5 years and have been married to a US citizen during that time can choose the 3-year or 5-year.
 
thank you very much for all of your help!:)
now I am getting confuse....
should I apply 3years or 5 year:confused:
I can get all document right now expect proof of divorce doc.
(I can get it right way if I go to city office in my country, but I can't go
right now.maybe after summer.... )

and bit getting worry about my trip,
I did read the M-476 well. I guess that I am ok to apply
but I might be misunderstanding something or ??

>5 year is for someone who isnt married to a USA citizen.
ummm so 3 years?

I believe applicants under the 5 year PR residency rul also have to provide evidence of marriage and of all previous marriages ending.
So I think you will have to get the copy of the divorce document in any case.
 
no if ur divorced then u can forget the 3 years ur gona have to go with the 5 years..3 years is only if ur still married aside then its 5 years buddy boii!!
 
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