Which eligibility box should I check?

G

grumpybear

Registered Users (C)
I'm a spouse of a USC and I've had a green card for 5 yrs now. I'm applying for citizenship only now.
Should I check the 5-yr eligibility or 3-yr eligibility (spouse of a USC)?
 
Choices

I had the same options as you. Could have filed either as spouse of a USC or as a long term GC holder (20 years GC, 19 years marriage) I decided to file employment based but the only reason for doing that was that at the time I filed the N400 I could not find a copy of our marriage certificate. Also wasn't sure if my wife would have to make a trip to the immigration offices if I had filed as a spouse of a USC.

Basically I guess its just a personal choice. I had no problems with the interview, now just waiting for the oath.

Good luck.
 
grumpybear said:
I'm a spouse of a USC and I've had a green card for 5 yrs now. I'm applying for citizenship only now.
Should I check the 5-yr eligibility or 3-yr eligibility (spouse of a USC)?
Click to expand...

5 year is better because you do not likely still need to provide
documents like tax return, joint bank account statement,
marriage certificate etc.

3 year is better only if something bad that reflect moral turpitude
occurred more than 3 years but less than 5 ago
 
WBH said:
5 year is better because you do not likely still need to provide
documents like tax return, joint bank account statement,
marriage certificate etc.

3 year is better only if something bad that reflect moral turpitude
occurred more than 3 years but less than 5 ago
Click to expand...

I am not sure moral turpitude kinda things disappear after 3 years. Most of the questions in N-400 are "Have you EVER". The only things which do not have EVER are filing taxes ... these are checked since you became PR, and whether you are legally incompetent or confined to mental institution.
 
sanjoseaug20 said:
I am not sure moral turpitude kinda things disappear after 3 years. Most of the questions in N-400 are "Have you EVER". The only things which do not have EVER are filing taxes ... these are checked since you became PR, and whether you are legally incompetent or confined to mental institution.
Click to expand...

Deportable offense may stay there for ever. Offenses that are permanent bars are there for ever.

But let's assume offenses are not deportable not permanent bar then they have statutory period for estibilishing good moral character. Statutory period
is 5 years for 5 year based and 3 years for 3 year based application
(maybe only one year for military service based?) . It is said
that IOs are not prohibitied from using outside-statutory-period
offense to disqualify applicants but usually they do not do that
otherwise why there is such a rule anyway?
 
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