Difference between regular and marriage-based N-400

[bob94102]

What is the difference of applying for Citizenship based on 3-year marriage and regular 5-year residence?

I qualify for both, but need to select only one checkmark on N400 application.

Which basis is safer/faster/better?

The GC was employment-based (will raise red flags of leaving employer too soon).

Any difference in processing time, scrutinizing past-GC employment, or the actual Certificate of Citizenship (like code on the GC)?

 

[Triple Citizen]

Regardless of which route you take, your entire immigration history (complete A-file) will be considered in the decision making process.

Which basis is safer/faster/better?

 

[boatbod]

Both routes will take about the same time to process.
You usually need less documentation for the 5yr route, hence it is generally considered "better" assuming all other factors are equal.

 

[Jackolantern]

Both routes will take about the same time to process.
You usually need less documentation for the 5yr route, hence it is generally considered "better" assuming all other factors are equal.

"All other factors are equal" is important. If the other factors are NOT equal, the marriage route might be safer ... for example, if employment situation was dubious but the marriage solid.

 

[boatbod]

If the other factors are NOT equal, the marriage route might be safer ... for example, if employment situation was dubious but the marriage solid.

I'm not sure there is a whole lot of evidence to substantiate that statement. As you know, the IO reexamines the whole of a person's immigration history during the N-400 process, so I doubt whether opting for a marriage based natz would help much if you had a really sticky employment problem from an EB GC.

 

[Jackolantern]

I'm not sure there is a whole lot of evidence to substantiate that statement. As you know, the IO reexamines the whole of a person's immigration history during the N-400 process, so I doubt whether opting for a marriage based natz would help much if you had a really sticky employment problem from an EB GC.

Evidence? No. But with almost any application/interview situation being run by humans, it can help to redirect the evaluator's attention towards your strengths and away from your weaknesses. Applying using the marriage basis forces some attention towards the marriage, which hopefully deflects some attention away from the employment situation.

 

[bob94102]

it can help to redirect the evaluator's attention towards your strengths and away from your weaknesses.

That's what I was thinking.
As for extra docs in minimum/required set, the marriage-based only requires copy of spouse's passport plus 3-year tax transcripts (which they could ask for anyway).

So I assume there is NO DISADVANTAGES whatsoever of filing as marriage-based?
Any post-citizenship differences?

 

[Jackolantern]

That's what I was thinking.
As for extra docs in minimum/required set, the marriage-based only requires copy of spouse's passport plus 3-year tax transcripts (which they could ask for anyway).

That's the minimum, but you should also provide more documents to show that the marriage was genuine and that you were living with the US citizen spouse for the three years.

So I assume there is NO DISADVANTAGES whatsoever of filing as marriage-based?

A disadvantage is they may ask probing questions about your marriage.