Marriage-based versus 5 year LPR Citizenship

[rbbm]

Hi folks-

I am planning on filing for my citizenship in a few weeks and I am/will be eligible for the 2 options (5-year LPR AND marriage-based) and have questions about both:

1. I have been a LPR for 5 years. I got my GC as a dependant through my ex-husband's employer (he was on H-1 and I was on H-4) in 2004 January. I got divorced in 2005 July. Is there a chance I can get questioned on this? If so, what documentation do I need on this? On the N-400, I am filing as "permanent resident for the last 5 years."

2. I am married to a citizen. Our 3 years of marriage will complete on Sep. 29, 2009. Can I file for citizenship now (2 months advance)? Seeing as how USCIS is processing N-400 relatively fast, will I be able to get my fingerprinting done prior to 3 year anniversary? What if I get my interview date prior to 3 year date?

Thanks,
R

 

[absrao]

Hi folks-

I am planning on filing for my citizenship in a few weeks and I am/will be eligible for the 2 options (5-year LPR AND marriage-based) and have questions about both:

1. I have been a LPR for 5 years. I got my GC as a dependant through my ex-husband's employer (he was on H-1 and I was on H-4) in 2004 January. I got divorced in 2005 July. Is there a chance I can get questioned on this? If so, what documentation do I need on this? On the N-400, I am filing as "permanent resident for the last 5 years."

2. I am married to a citizen. Our 3 years of marriage will complete on Sep. 29, 2009. Can I file for citizenship now (2 months advance)? Seeing as how USCIS is processing N-400 relatively fast, will I be able to get my fingerprinting done prior to 3 year anniversary? What if I get my interview date prior to 3 year date?

Thanks,
R

If you are applying based on marriage. Do NOT apply before the 3 year marriage anniversary to same USC spouse. Below is link to post by a guy who got denied because he/she did exactly that.
http://forums.immigration.com/showthread.php?t=299234

 

[Bobsmyth]

Filing the 5 year route requires less supporting documentation (no need to prove marital union during statutory period). It's been reported that some IO's even change your filing status from 3 to 5 years at interview when they see you are eligible under 5 years since it requires less supporting evidence.

 

[rbbm]

Bobsymth-thanks for the response. The N-400 requires that I provide information on previous marriage which will mean I will have to indicate that I got my GC in Jan. 04 and my divorce was in July 05. I'm concerned that IO may think I stayed married just for my GC which is not the case since I got married in 1997. Do I need to take any supporting documentation to make sure I have everything covered?

R

 

[Huracan]

I doubt it will become an issue during interview. I'll let other people give their opinion about supporting documentation for your previous marriage. My gut feeling is that you don't need anything, but as per a previous post by someone else you might need the divorce decree. It might depend on IO, but I guess they want to make sure you are not/were not a bigamous person

I agree that filing under 5 year rule is probably your best option, less documentation requirements.

 

[Bobsmyth]

Bobsymth-thanks for the response. The N-400 requires that I provide information on previous marriage which will mean I will have to indicate that I got my GC in Jan. 04 and my divorce was in July 05. I'm concerned that IO may think I stayed married just for my GC which is not the case since I got married in 1997. Do I need to take any supporting documentation to make sure I have everything covered?

R

Just bring divorce decree to interview. Don't worry about GC as you previously removed conditions before you got divorced.

 

[WBH]

Just bring divorce decree to interview. Don't worry about GC as you previously removed conditions before you got divorced.

To be more precise, her GC was not even conditional. Her ex-husband got the GC thru employment and she got teh GC as a dependent together. Is it diffeerent from a marriage -based GC wheree husband sponsor GC for wife

 

[Bobsmyth]

To be more precise, her GC was not even conditional. Her ex-husband got the GC thru employment and she got teh GC as a dependent together. Is it diffeerent from a marriage -based GC wheree husband sponsor GC for wife

That is correct. GC was derivative based from spouse, so no need to worry about conditions.

 

[rbbm]

N-400 Form: Can I give friend's address?

Thank you everyone for your responses.

Has anyone given a friend's address in the N-400? I'm going to be traveling for 2-3 months and have given up my apartment. During the interview can I be questioned about my residence? As such I wont have any lease documents.


Additionally, can one travel internationally between the interview and the oath?

Thanks!
R

 

[Jackolantern]

Has anyone given a friend's address in the N-400? I'm going to be traveling for 2-3 months and have given up my apartment. During the interview can I be questioned about my residence?

That could be a problem. Most people don't give up their apartment for a 2-3 month trip; they keep it and return to the same place. If you're giving up your apartment for a 2-3 month trip, that makes it appear the trip is not a one-off isolated vacation; it looks like the trip is just the first one of a permanent relocation outside the US.

Additionally, can one travel internationally between the interview and the oath?

Yes, but depending on the length and circumstances of it and pattern of other trips, you could be pulled out of the oath and given another interview to determine if the trip breaks continuous residence.