US Citizen's spouse Vs 5 year permanent resident - need advice

[Citizen_2009]

I am a US citizen and now I have to file N-400 for my wife. I completed 3 years as US citizen and she has been a permanent resident for 5 years now. So, any advise on what should I select as Eligibility. Is there any difference in terms of how the interview is done for both or are they same ? My wife's English is not that strong so asking. Also, can I join her in the interview?

 

[mogambo1]

If she was married to you when you became a USC and she was also a PR then go with 3yr marriage route, it would be easier. If she has extensive travel during last 3 years but none during first 2 years of her as a PR then go with 5yr route as with 3year route in that case will be viewed with a different perspective as most of the travel will fall in her last 3 year window.

I am a US citizen and now I have to file N-400 for my wife. I completed 3 years as US citizen and she has been a permanent resident for 5 years now. So, any advise on what should I select as Eligibility. Is there any difference in terms of how the interview is done for both or are they same ? My wife's English is not that strong so asking. Also, can I join her in the interview?

 

[baikal3]

I am a US citizen and now I have to file N-400 for my wife.

You cannot file an N-400 for her, she must file an N-400 for herself.

I completed 3 years as US citizen and she has been a permanent resident for 5 years now. So, any advise on what should I select as Eligibility. Is there any difference in terms of how the interview is done for both or are they same ? My wife's English is not that strong so asking. Also, can I join her in the interview?

Generally, given the choice, it is better to submit an N-400 based on 5 years of being an LPR rather than on 3 years of being married to a U.S. citizen, since 5-year based cases are more straightforward, require less paperwork and face less scrutiny.

The only exception is if the applicant had extensive foreign travel in the first two years of being an LPR but not in the last three years. In such a case it may be harder to prove satisfying the continuous residency requirement for a 5-year based application than for a marriage-based application. But, if this situation does not apply, it is better to submit an N-400 based on 5 years of being a permanent resident.

For marriage-based N-400 cases there are automatic extra requirements in terms of paperwork. In particular, IRS tax return transcripts would have to be submitted for the last three years. Also, for a marriage-based N-400 the IO will scrutinize the current state of the applicant's marriage at the interview to make sure that the marriage is fully intact. So there will be additional questions about the marriage and, depending on the answers and the particular circumstances, the applicant may be asked to produce extra supporting documents regarding the marriage and the spouse.
For a 5-year based application the state of marriage is irrelevant.

Regardless of whether your wife files a 3-year based or a 5-year based N-400, you will not be able to be present during her interview itself. The English test requirements are exactly the same for 3-year based or a 5-year based N-400 applicants.

 

[Jackolantern]

If she was married to you when you became a USC and she was also a PR then go with 3yr marriage route, it would be easier.

Wrong. If eligible for both, it's generally easier to use the 5-year option, since the 5-year option does not require extensive documentation to support the ongoing health of the marriage.

If she has extensive travel during last 3 years but none during first 2 years of her as a PR then go with 5yr route as with 3year route in that case will be viewed with a different perspective as most of the travel will fall in her last 3 year window.[/COLOR]

You have that backwards. The 5 year option is generally better, except when there is extensive travel during the first 2 years of the 5 year window, in which case the 3 year option becomes better because it would keep most or all of the travel outside the shorter 3 year period.

 

[mogambo1]

Is it so hard to prove your healthy marital relationships and gather support with documentation? We are immigrants, so I think it is not difficult for us unless one is a swinger.

Wrong. If eligible for both, it's generally easier to use the 5-year option, since the 5-year option does not require extensive documentation to support the ongoing health of the marriage.


You have that backwards. The 5 year option is generally better, except when there is extensive travel during the first 2 years of the 5 year window, in which case the 3 year option becomes better because it would keep most or all of the travel outside the shorter 3 year period.

What if a person is eligible for both 5yr and 3 yr and had extensive travel in first 2 years, 3 years marriage based would work better in that case, since it wont take into consideration first 2 yrs of travel. That's what I meant to say.

 

[Jackolantern]

Is it so hard to prove your healthy marital relationships and gather support with documentation? We are immigrants, so I think it is not difficult for us unless one is a swinger.

For some people it can be hard to gather the documentation because of how they live their lives. For example, if only one spouse works they might have kept the lease and all bills in the working spouse's name. Or one spouse is in another state most of the time due to work or studies. Or they simply lost or threw away the documents because they weren't aware that they'd need to keep them around for citizenship purposes.

And it's one thing to gather the documentation, it's another thing how USCIS responds. People submit what they think is reasonably sufficient, and then USCIS might ask them to submit something more after the interview, which delays the case (while that can also happen with the 5-year option, it's more likely with the 3-year due to the increased documentation expectations).

Marriage-based applicants can also face invasive personal questions about the marriage, which would not be asked of regular 5-year applicants.

 

[Citizen_2009]

Thank you folks for you advise. Fortunately for us travel is not a problem. We traveled outside US only once for 15 days in the last 5 years.
Yes, but one issue that you pointed is there. Since, she is not working & doesn't have her name on any of the utility bills, it will be hard to provide supporting documents (proof of residence, proof of 5 years of continuous residency etc).

 

[TheRealCanadian]

Yes, but one issue that you pointed is there. Since, she is not working & doesn't have her name on any of the utility bills, it will be hard to provide supporting documents (proof of residence, proof of 5 years of continuous residency etc).

Does she have a driver's license? That is proof of residence right there.

 

[baikal3]

Thank you folks for you advise. Fortunately for us travel is not a problem. We traveled outside US only once for 15 days in the last 5 years.
Yes, but one issue that you pointed is there. Since, she is not working & doesn't have her name on any of the utility bills, it will be hard to provide supporting documents (proof of residence, proof of 5 years of continuous residency etc).

In that case she is definitely better off applying under the regular 5 year rule, based on being an LPR for 5 years.
As for proof of address, as Real canadian says, a driver's license will be sufficient for a non-marriage based N-400 application.
She will not have to prove that she has resided at a particular address or a sequence of addresses in the U.S. for 5 years. Since she only had a couple of weeks of foreign travel, the continuous residency requirement will not be an issue.

 

[Jackolantern]

Have you been married to her for at least 3 years? If not, she wouldn't be eligible for the 3-year rule and thus would have to apply using the 5 year rule if she doesn't want to wait until the 3rd anniversary of the marriage.

My wife's English is not that strong so asking.

Do you think her English is good enough to pass the interview? If not, she should spend some time improving her English skills. That might mean delaying the application, depending on how much improvement she needs.