Which way is better to apply for citizenship?

Chicagocuban

New Member
Hi,
I am a cuban resident, and I will be able to apply for citizenship in February 2011, after 5 years residing in the US; but I could also be able to appy a year before, since I would have been married to an american citizen for three years then.
I wonder what would be the best way for me to go applying for citizenship in this case. Will it be simpler if I decide to apply for citizenship just as a cuban resident; or will it all be more expensive and complicated if I decide to apply through my wife?
I would like to apply as early as possible, but if doing so will create any problem I could just wait.
If anyone has any information that could help me, please send it to me.
Thanks everyone!
 
You are a Cuban "resident"? Did you mean Cuban citizen? There's a huge difference, and if you mention being a Cuban resident in the citizenship interview you'll be in trouble.

If you apply using the 3 year marriage rule, you have the added burden of proof of showing that you have been married and living together for those 3 years, and it invites the opportunity for them to challenge the genuineness of your marriage.

So either you can apply in 2011 under the 5 year rule, where your marriage is just a side note which doesn't affect your eligibility, or in 2010 under the 3 year rule in which case your marriage and proving your marriage is genuine may become the centerpiece of the process.
 
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jacko, your comments are always interesting and negative. Let this poor guy apply early. People do apply on marriage base everyday and get approved. There is not much extra burden. Don't confuse and scare people. Help them if you can or withhold your opinion please.
 
I just passed my interview on 10/27 based on marriage, and am recommended for approval; If you are organized, and your case is genuine and honest, no need to worry applying through marriage: In my interview, the IO only looked at my GC and asked for the 2 pics (didn't even look at pp or a single piece of proof that me and my wife brought to the interview...we had everything we could think of). The interview lasted only about 8-10 minutes. It all depends on what kind of impression you make, how prepared you are, and how honest you are. In our case, the IO openly showed how trusting he was, as he had already seen our past application for GC and the whole history, etc; As he saw my wife, he did have a nice chat with her, and he said later he was thoroughly impressed with our case...(we've been married 7 yrs), and approved the appl. immediately. Even if he hadn't seen my wife and didn't talk to her, I still think it wouldn't have been any different.

Like I said, applying through marriage, from the time we started dating to the fiance petition to GC and removal of conditions to N-400, it was all smooth, and never a hiccup with our case. Just be organized, prepare all documents well, and you'll be fine; As long as you're honest and do your part, you should be ok. applying based on marriage is NOT hard.
 
jacko, your comments are always interesting and negative.
You are the one who is reading negativity into it. Is what I wrote incorrect? The fact is that once you apply under the 3 year rule, you should expect to have some extra proving and document-gathering to do regarding your marriage. Somebody contemplating both options should be aware of that, and then decide whether that is a positive or negative or neutral for their own situation.
 
I don't think jacko meant anything bad; it's kinda true: for someone who hasn't done marriage based it could need a bit of extra work compared to 5 yr based, but really, not much extra...it's very doable, but you have to be NEAT and organized, and be prepared.
I think my wife and I totally over prepared because we are just like that by nature, but I'm pretty sure 1/3 rd of what we had as proof would've satisfied even the strictest IOs; and like I said, if the marriage is all fine and problem-free and genuine, they can see enough proof of it because they probably go back and look at the history of GCs, etc...

The extra documents we took for "marital union/living together" proof was not hard to put together: bank account statements, copies of leases, tax transcripts joint filed, and car titles in both of our names, a few bills, etc; for someone who normally keep track of their day to day life and keeps financial records (which I think most families/couples do anyway?), gathering and copying a few examples for those shouldn't be that bad.
My wife works full time and I go to college and also work, and we only spent the day before collecting and copying those things I mentioned: it was more than enough time... :) good teamwork helps, and believe me, it shows when you're finally confidently sitting before the IO.

In the end, one should do what one feels most comfortable with; but a well put together marriage based application, IMO, can be very convincing and may even look better/special than a 5 yr based, which is so common. (not in a bad way)
 
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Thank you all for your answers!
Well, let me clarify my status. Jackolantern, I am sorry; you are right about asking me about it. I am a US resident. I got my residency through the Cuban Immigration Act, which I know is something good by the time I decide to apply for my citizenship, since it is simple and there are not complications involved in trying to show proof of anything; but like I mentioned before, I would like to become a citizen as soon as possible, and this is something that I could accomplish through the marriage to my wife, who is an american citizen. To apply based on my 5 year residency, I would have to wait an additional 7 months, which is a lifetime for me. I know it is a short time to wait for someone who has been waiting for 5 years, but I just can't wait to become a citizen.

There is nothing to worry about showing proof about my marriage when the time comes. We have been married for over a year now, but we have been together since 2005. Showing proof of those three years that we are required to live together for me to become citizen would not be difficult. Just like Washburn 27, we are a very organized couple, and have everything together, meaning sharing the same address, bank accounts, credit cards, bills, etc; and we also have a 15 month old daughther, and my wife is pregnant right now with our second baby.
As you all can see, I will not have any problem proving my marriage is legitimate, but one thing I would like to know though, is how longer and expensive would the process be in case I chose to go with the 3 year rule (marriage to a citizen) instead of the 5 year one.
Washburn 26, how long did it take you to get the approval for your citizenship from the moment when you first applied for it?
Thank you!
 
With the application?

The extra documents we took for "marital union/living together" proof was not hard to put together: bank account statements, copies of leases, tax transcripts joint filed, and car titles in both of our names, a few bills, etc; for someone who normally keep track of their day to day life and keeps financial records (which I think most families/couples do anyway?), gathering and copying a few examples for those shouldn't be that bad.


Tell me please, all these documents like bank statements, joint bills, car titles etc. you sent with your application or you just take it to the interview?

I will apply in mid December and I start put together my papers.
Thanks in advance for you reply,
Rare Gold
 
Thank you all for your answers!
Well, let me clarify my status. Jackolantern, I am sorry; you are right about asking me about it. I am a US resident. I got my residency through the Cuban Immigration Act, which I know is something good by the time I decide to apply for my citizenship, since it is simple and there are not complications involved in trying to show proof of anything; but like I mentioned before, I would like to become a citizen as soon as possible, and this is something that I could accomplish through the marriage to my wife, who is an american citizen. To apply based on my 5 year residency, I would have to wait an additional 7 months, which is a lifetime for me. I know it is a short time to wait for someone who has been waiting for 5 years, but I just can't wait to become a citizen.

There is nothing to worry about showing proof about my marriage when the time comes. We have been married for over a year now, but we have been together since 2005. Showing proof of those three years that we are required to live together for me to become citizen would not be difficult. Just like Washburn 27, we are a very organized couple, and have everything together, meaning sharing the same address, bank accounts, credit cards, bills, etc; and we also have a 15 month old daughther, and my wife is pregnant right now with our second baby.
As you all can see, I will not have any problem proving my marriage is legitimate, but one thing I would like to know though, is how longer and expensive would the process be in case I chose to go with the 3 year rule (marriage to a citizen) instead of the 5 year one.
Washburn 26, how long did it take you to get the approval for your citizenship from the moment when you first applied for it?
Thank you!


Please read my post, thank you.
Rare Gold
 
There is nothing to worry about showing proof about my marriage when the time comes. We have been married for over a year now, but we have been together since 2005. Showing proof of those three years that we are required to live together for me to become citizen would not be difficult. Just like Washburn 27, we are a very organized couple, and have everything together, meaning sharing the same address, bank accounts, credit cards, bills, etc; and we also have a 15 month old daughther, and my wife is pregnant right now with our second baby.

Then go for it, man! you should be fine. especially with kids, you will have no problem proving anything. (we don't have kids yet; both went to college, and wifey just graduated last may :) )

how longer and expensive would the process be in case I chose to go with the 3 year rule (marriage to a citizen) instead of the 5 year one.
Thank you!

I don't think there's any change in time limit to process based on marriage/5 yr rule; some marriage based cases take longer than 5 yr cases, and I know that some 5 yr cases take longer than marriage based; (as I have seen in this forum; name check and stuff matter more in determining length, I think).

The cost of application is the same, so I guess the only extra money you'd spend will be for some extra photocopies with marriage based??

Washburn 26, how long did it take you to get the approval for your citizenship from the moment when you first applied for it?

check out my sig with my time line below in blue :)
I applied March14th of '08 and had the interview Oct. 27th of '08
 
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Tell me please, all these documents like bank statements, joint bills, car titles etc. you sent with your application or you just take it to the interview?

I only took them to the interview, as they are "supporting" documents;

I sent the required documents on the list (see "the guide to naturalization document checklist") with the application. supporting documents are only asked for the interview.
 
As you all can see, I will not have any problem proving my marriage is legitimate, but one thing I would like to know though, is how longer and expensive would the process be in case I chose to go with the 3 year rule (marriage to a citizen) instead of the 5 year one.
If you put together all the documents and don't say anything stupid to make the interviewer doubt your marriage, there isn't any reason for the process to take longer than with the 5 year rule.

But some people simply don't bring their documents, or they didn't have any documents with both names because everything is in the husband's name, or they were living in different states due to work commitments, and then they sometimes run into trouble as a result ... like having to do a second interview.
 
I only took them to the interview, as they are "supporting" documents;

I sent the required documents on the list (see "the guide to naturalization document checklist") with the application. supporting documents are only asked for the interview.

Thank you for your quick reply.

I read again the checklist : bank accounts, tax returns , leases , mortgage are listed as documents referring to " you and you spouse".

Do I understand correct?

Thank you,
Rare Gold
 
yeah, that's right;

you can of course take other types of documents which might help, too: for example, we took car titles, credit card statements, bills with both our names, and joint health and life insurance policies showing that we are each other's beneficiary.
one miscellaneous item that we took was a letter from our financial adviser thanking us both for hiring her last yr...i thought it added a nice extra weight to show how much we do stuff together...

we made 2 separate folders:
1. supporting evidence "main" (stuff that they suggest on the letter)
2. supporting evidence "extra" (stuff that I listed above, to use if No.1 "main" folder was not enough)
 
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Read the instructions on the "guide" (page 51). I copied the following from the USCIS guide:

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following four items:
1. Evidence that your spouse has been a U.S. citizen for the last three years:
Birth certificate (if your spouse never lost citizenship since birth), or
• Naturalization certificate, or
• Certificate of Citizenship, or
• The inside of the front cover and signature page of your spouse’s current U.S. passport, or
• Form FS-240, “Report of Birth Abroad of a Citizen of the United States of America,” and
2. Your current marriage certificate; and
3. Proof of termination of all prior marriages of your spouse-divorce decree(s), annulment(s), or death certificate(s); and
4. Documents referring to you and your spouse:
• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or
• Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or
• An IRS tax return transcript for the last three years.

so what I sent with the application was what's highlighted in red above.
about (4): I'm sure you CAN send other stuff listed in (4), but it says "OR" everywhere, so to make it simple, I just sent ONE of those things listed (IRS tax transcripts).

everything else (originals of tax returns/tax forms, leases, car titles, bank accounts, life insurance policies, bills, etc etc etc, whatever you think will help/what we talked about earlier ...) I took to the interview (supporting evidence)
----------------------------------------------------------------------------------------------

NOTE ALSO: (this is again from the guide):

" All applicants must send the following three items with their N-400 application:
1. A photocopy of both sides of your Permanent Resident Card (formerly known as the Alien Registration Card or “Green Card”).
If you have lost the card, submit a photocopy of the receipt of your Form I-90, “Application to Replace Permanent Resident Card;” and
2. Two identical color photographs, with your name and “A-number” written lightly in pencil on the back of each photo. For details about
the photo requirements, see Part 5 of A Guide to Naturalization and the Form M-603 instructions distributed with your application.
Do not wear eyeglasses or earrings for the photo. If your religion requires you to wear a head covering, your facial features must
still be exposed in the photo for purposes of identification; and
3. A check or money order for the application fee and the biometric services fee for fingerprinting, as stated in the M-479, Current
Naturalization Fees enclosure in the Guide. (Applicants 75 years of age or older are exempted from fingerprinting and the biometrics
services fee). Write your “A-number” on the back of the check or money order.

Please download "The Guide" here, and read carefully pages around 50-58 or so, you'll see what you have to SEND and what you have to BRING to the interview.
http://www.uscis.gov/files/article/M-476.pdf
 
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I mentioned before, I would like to become a citizen as soon as possible, and this is something that I could accomplish through the marriage to my wife, who is an american citizen. .

There is nothing to worry about showing proof about my marriage when the time comes. We have been married for over a year now, but we have been together since 2005. Showing proof of those three years that we are required to live together for me to become citizen would not be difficult.

I guess I am missing something here, how does time living together count?
Sorry for the hijack but I'd like to understand.
 
Jacklantern,

You did not write incorrect. In fact, your english is very good. the problem I had with your opinion is that this guy want to apply on marriage based, he must and I am sure he does have the supporting documents otherwise he would not even think to do that.If the case is genuine, the burden of proof should not be difficult. He could become US at least a year ( or two) earlier. why you are advising him to even think about other option. would you like to wait till tomorrow if you are eligible to apply today? I don't think so.
 
Jacklantern,

You did not write incorrect. In fact, your english is very good. the problem I had with your opinion is that this guy want to apply on marriage based, he must and I am sure he does have the supporting documents otherwise he would not even think to do that.If the case is genuine, the burden of proof should not be difficult.
Being genuine and proving genuine is not the same thing. Due to the nature of some people's lives, finding proof may be difficult for them, especially if they face an anal IO.
He could become US at least a year ( or two) earlier. why you are advising him to even think about other option.
Why not think about it? You want people to just blindly go for the marriage option without thinking of the possible consequences? Haven't you see that some people on this forum have run into trouble with the marriage route? For some people, minimizing risk and hassle may be more important to them than trying to get citizenship as early as possible. It's up to each person to decide if the extra wait is worth it or not.

For me personally, if it was just a difference of one year I would probably go the 5-year route. I don't have the urge to get citizenship as soon as I'm eligible, and I would rather not provide USCIS with all sorts of personal documents that involve my (future) wife, nor do I want to provide any interviewer with the opportunity to even think about questioning my marriage. That stuff isn't their damn business and I don't want it in their files. I similarly resisted giving up information about my financial accounts during the I-485 process, which my employer's attorney was requesting. But after talking it over with them they agreed tax returns were sufficient and I didn't need to send the additional information.
 
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I think one can do either, as long as one is honest and genuine. Because when that is the case, it is very easy to support your case whether it's marriage based or 5 yr based.
OP seems to have an honest/solid case based on marriage, and seems to me he can comfortably apply without any risk. I did it, and it seems like it went fine.
Others, who have doubts about not being able to present the case solidly and clearly, should opt for a different course.

Btw, I got my Oath Letter today (for 11/17)...exactly 1 week after the interview :)
 
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