N-400: 5 years vs 3 years

[jayh]

An immigration officer told my friend that, she could have applied N-400 3 years after her PR based on marriage to a US citizen, i.e., she wouldn't have to wait 5 years to get her citizenship even though she got divorced after her PR.

I couldn't believe that it was told by an officer, because the guide clearly says you can apply N-400 3 years after PR if you "are currently married to and living with a U.S. citizen; and Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years."

In my case, I got married in 2003, obtained GC in 2006, then divorced in 2008, am I already eligible to naturalization right now, or I'll have to wait till 2011? The confusing part is that I had been living with a US citizen for >3 years, but only 2 years after getting GC, and not currently living together.

Thanks a lot for your advice!

 

[Bobsmyth]

In my case, I got married in 2003, obtained GC in 2006, then divorced in 2008, am I already eligible to naturalization right now, or I'll have to wait till 2011? The confusing part is that I had been living with a US citizen for >3 years, but only 2 years after getting GC, and not currently living together.

Since you're no longer married to a USC, you're not eligible to apply under 3 year rule.You'll need to apply under 5 year requirement instead.

 

[TheRealCanadian]

An immigration officer told my friend

Don't listen to what USCIS or CBP tells you, and especially not a "friend".

I couldn't believe that it was told by an officer, because the guide clearly says you can apply N-400 3 years after PR if you "are currently married to and living with a U.S. citizen; and Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years."

Trust the guide.

 

[jayh]

Dear all, thanks a lot for the clarification!