Filing for naturalization after almost 10 years

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rjmco

Registered Users (C)
I've been a Permanent Resident since 1999, got married to an American citizen in 2001 (when I'm already a Permanent Resident). My question is, do I file based on 5 years being an immigrant or based on 3 years of marriage? Someone please explain it to me. My green card is expiring by the end of this year. Thank you.
 
You have a choice between filing under 3 year marriage to US citizen or 5 years as LPR.
Filing under 5 year rule involves a little less paperwork and proof, so it's the suggested way to go.
 
Sorry Bob,

I think here you are mis-informed. The 3 year is the option soley based on the marriage based GC, 5 year is everything past that.

If the IO looks at the GC and sees that you have it for 5+ years, he will change your application.
 
rjmco said:
I've been a Permanent Resident since 1999, got married to an American citizen in 2001 (when I'm already a Permanent Resident). My question is, do I file based on 5 years being an immigrant or based on 3 years of marriage? Someone please explain it to me. My green card is expiring by the end of this year. Thank you.
Click to expand...

5 years is better because you don't need to provide doc like
marriage certificate etc. no need to worry abotu what happen
if divorce happens before appication is processed.
 
MartinAub said:
Sorry Bob,

I think here you are mis-informed. The 3 year is the option soley based on the marriage based GC, 5 year is everything past that.

If the IO looks at the GC and sees that you have it for 5+ years, he will change your application.
Click to expand...

The OP has the choice to file under either option on the N-400 application as he meets the requirements of either. It's up to the IO's discretion to change it to 5 years at the interview if applicant files under 3 year but is otherwise eligible for 5.

Also, in some circumstances it may be beneficial to file under 3 years rule instead since it shortens statutory period. So in OP's case, if he doesn't have 5 years of continuous residence, but has 3 years it would make sense to file under 3 years instead.
 
Last edited by a moderator:
MartinAub said:
Sorry Bob,

I think here you are mis-informed. The 3 year is the option soley based on the marriage based GC, 5 year is everything past that.

If the IO looks at the GC and sees that you have it for 5+ years, he will change your application.
Click to expand...

Not true. It does not matter how your got your GC.
 
WBH said:
5 years is better because you don't need to provide doc like
marriage certificate etc.
Click to expand...
They probably will ask to see the marriage certificate at the interview, even with the 5-year option. What they won't ask for with the 5-year option are the additional papers for evidence of the validity of the marriage ... joint bank statements, joint lease/mortgage, etc.
 
Jackolantern said:
They probably will ask to see the marriage certificate at the interview, even with the 5-year option. What they won't ask for with the 5-year option are the additional papers for evidence of the validity of the marriage ... joint bank statements, joint lease/mortgage, etc.
Click to expand...

I wonder if one is still eligigblw if he/she is married to a US citizen who
has other spouses. If the applicant himself/herself has more than 1 spouses, he failed the polygamist test for good moral character.
 
rjmco said:
I've been a Permanent Resident since 1999, got married to an American citizen in 2001 (when I'm already a Permanent Resident). My question is, do I file based on 5 years being an immigrant or based on 3 years of marriage? Someone please explain it to me. My green card is expiring by the end of this year. Thank you.
Click to expand...

Hi I was once in a similiar situation I had been a PR for over 8 years and then got married to a US citizen ( 5 years into the marriage ) I wondered the same thing which way to file,,, I made an infopass and asked an IO directly she told me and I quote "You should only file based on your 5 year PR do not file under the 3 year, you qualify for the 5 one" and that was it she did not give me any more details but I listened to her and am filing under the 5 year rule ;)
 
hoping in 2009 said:
"You should only file based on your 5 year PR do not file under the 3 year, you qualify for the 5 one" and that was it she did not give me any more details but I listened to her and am filing under the 5 year rule ;)
Click to expand...

Did they ask if you met physical presence and continuous residence requirement?
 
hoping in 2009 said:
Hi I was once in a similiar situation I had been a PR for over 8 years and then got married to a US citizen ( 5 years into the marriage ) I wondered the same thing which way to file,,, I made an infopass and asked an IO directly she told me and I quote "You should only file based on your 5 year PR do not file under the 3 year, you qualify for the 5 one" and that was it she did not give me any more details but I listened to her and am filing under the 5 year rule ;)
Click to expand...
Of course they're going to tell you to apply with the 5 year rule. It makes their job easier, as they don't have to go through all that extra paperwork. But if you qualify for both the 3-year and 5-year options, you should be the one to decide which is better for you, not them.
 
hoping in 2009 said:
Hi I was once in a similiar situation I had been a PR for over 8 years and then got married to a US citizen ( 5 years into the marriage ) I wondered the same thing which way to file,,, I made an infopass and asked an IO directly she told me and I quote "You should only file based on your 5 year PR do not file under the 3 year, you qualify for the 5 one" and that was it she did not give me any more details but I listened to her and am filing under the 5 year rule ;)
Click to expand...

Thank you so much, it will make my life easier, less paperwork. By the way, where are you filing?
 
I have another question if you don't mind my asking, when you travel outside of the United States do you count your arrival date as part of the number of days out or in considering your arrival is daytime?
 
Kind of splitting hairs, but it asks for FULL (24 hrs) days outside of the US, thus commonly departure and arrival day wouldn't count.

Now enjoy the count when you go across day time zones and such, drove me nuts.

I traveled a lot, but certainly within the limitations set; still I only considered my dates a "best effort"
 
That is incorrect. The OP has the choice to go either way, 3 or 5 year route.
The IO will not change the application either.

MartinAub said:
I think here you are mis-informed. The 3 year is the option soley based on the marriage based GC, 5 year is everything past that.

If the IO looks at the GC and sees that you have it for 5+ years, he will change your application.
Click to expand...
 
There was one case I read of where the IO changed the 5-year option to the 3-year at the interview. But that was one where the applicant actually didn't qualify for both ... I think he failed the physical presence or continuous residence requirement when using the 5-year rule, but was OK for the 3-year rule so the IO changed it to the 3 year rule rather than deny the application.
 
rjmco said:
I have another question if you don't mind my asking, when you travel outside of the United States do you count your arrival date as part of the number of days out or in considering your arrival is daytime?
Click to expand...

You only count the days for which you spent the entire day/night outside the United States - hence the full 24 hour rule. So your departure date counts as being away - regardless of when you left - because obviously you would spend the next 24 hours out of the US. But your arrival date does not count towards the absence. For example, a day trip to Canada should not be listed.

The guide states:
"Write the number of trips you have taken outside the United States during the last five (or three) years. Count every trip that lasted 24 hours or longer."
 
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