File N400 as employment or marriage based?

B

bob94102

Registered Users (C)
Please advise how to file N-400: as 5-year resident or as 3-year married to a US citizen (only one checkmark can be selected on the form).

What is the difference?

Facts:

1) Employment-based GC, US resident for 6 years now.
Problem: was laid off by the sponsoring employer before the GC approval. Portability rule does not apply. Got another job after GC, different field. Still at this job -> will have to list on the application.

2) Married to a US citizen for the last 3 years

Any advices how to best deal with item #1?

Which checkmark should I put on the N-400 application (check one)
- resident for 5 years
- qualify as married to us citizen for 3 years
 
Just to be on the safe side, I would rather file my N-400 based upon the marriage to a US citizen for 3 years even though this option would require me to take tons of documents to the interview to prove my marital relationship, but at least I wouldn't risk loosing my Green card which was obtained while I wasn't even employed with the employer who initially sponsored me for the green card despite of some exceptions available in this kind of employment based green card.




bob94102 said:
Please advise how to file N-400: as 5-year resident or as 3-year married to a US citizen (only one checkmark can be selected on the form).

What is the difference?

Facts:

1) Employment-based GC, US resident for 6 years now.
Problem: was laid off by the sponsoring employer before the GC approval. Portability rule does not apply. Got another job after GC, different field. Still at this job -> will have to list on the application.

2) Married to a US citizen for the last 3 years

Any advices how to best deal with item #1?

Which checkmark should I put on the N-400 application (check one)
- resident for 5 years
- qualify as married to us citizen for 3 years
Click to expand...
 
I would file neither for the next 2-3 years. The marriage path is safer in your case, but they can still ask about your employment. The farther back your GC approval and first job change is, the less likely they are to be concerned about it.
 
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