Husband meets 2 requirements for eligibility-which should we use

[yangabang 0]

Hi! I;m new to the forum and am so excited to read about everyone's experiences. My husband and brother-in-law are both almost ready to send in the application. Just need to have the pictures made and gather different documents. But I'm curious... My husband meets 2 requirements for eligibility. He has been a legal permanent resident for over 5 years AND he has been married to me (a citizen) for over 3 years. Which should we choose on the application? We chose the marriage one which I know we must send extra documentation (marriage certificate, tax returns, we have a child so her birth certificate, etc., etc.) But does anyone know if using one over the other would quicken the processing time?

And this may be a stupid question, but can we send in his and his brother's application in the same envelope? It would really help if they could have fingerprints and interviews and such on the same day. And finally, can 1 check be written, or should we write 2 separate checks?

Thanks so much!!!

[NigerLA 1]

The process is the same whether you are married to a USC or not for citizenship. I would not send both applications in the same envelope, this is USCIS we are talking about. For all you know one of these applications could get lost or they mix up the paper work during the review process.

Nothing guarantees that you will have biometrics or interviews on the same day, it is done randomly. Hope this helps.

[Cuchita 1]

I think it depends on how he got the permanent residence, thru his parents? then he has to check the one that refers to residence for over 5 years. (By the way he could have applied 3 months prior to the 5 years as permanent resident). Attach the marriage certif. copy too just in case.

And definitely DO NOT send both applications together!

[yangabang 0]

Yes he obtained residency through his parents. He has actually been here since 1984. He came as a child, but is just now going through the citizenship process. But you say it is necessary to mark 5 year resident since his residency is through his parents?

[Cuchita 1]

Yes, because that's the file the USCIS has and when he has the interview they have that file and show it to him, that's what they did to me, the lady told me I am considered child filer, also check they parents are citizens in the appication IF THEY ARE now of course!

Edited December 17, 2008 by Cuchita

[Mononoke28 135]

If he got his permanent residency through his parents then he needs to file for his citizenship on his own, not based on his marriage to you because he didn't obtain his LPR through you. If you had petitioned him from the very beginning, then yes, his citizenship would've been based on your marriage status.

No, do not send both applications together since they have nothing to do with each other, so they have to mail their individual packages.

Diana

[AusCal 3]

I receive my Permanent Residency through marriage, but, didn't apply for citizenship until 5 1/2 years later. I had the choice of whether to choose the "3 year marriage" or "5 year Permanent resident" option. I choose the 5 year option, as I felt it would be easier not to have to send all the additional information and proof.

From the other responses here, it appears you do not have a choice.

On your other question, definitely send the two applications separately, and with separate checks.

Welcome to Visa Journey

[NickD 203]

I receive my Permanent Residency through marriage, but, didn't apply for citizenship until 5 1/2 years later. I had the choice of whether to choose the "3 year marriage" or "5 year Permanent resident" option. I choose the 5 year option, as I felt it would be easier not to have to send all the additional information and proof.

From the other responses here, it appears you do not have a choice.

On your other question, definitely send the two applications separately, and with separate checks.

Welcome to Visa Journey

Agree, with marriage requires a lot of additional proof, even neglecting the simple fact that the USCIS issued that green card initially with tons of proof, not only initially, but again through the I-751 process. Isn't the fact that your alien spouse does have that green card proof enough for the N-400? Our stack of evidence was just as thick as the very first one and wife said she saw her file for the first time, well over three inches thick! Same old stuff, over and over again.

Almost worthwhile to wait that extra couple of years, wore out my darn copying machine making the same copies over and over again.

[lucyrich 20]

The choice is yours. INA 319(a) says:

Any person whose spouse is a citizen of the United States ... may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse ... who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

Note that it says ANY person who meets those requirements, and it doesn't place any restriction on the method by which the person got his green card. Some people have given the mistaken opinion that you must have got a green card through marriage to be eligible to file under 319(a), but actually you could have gotten the green card through any method -- work, visa lottery, marriage, parents, investment, etc.

To paraphrase into English, you're eligible for citizenship when you meet all three of the following:

1. Held a Green Card for at least 3 years (can file 90 days prior to meeting this requirement, but must meet the full three year requirement before taking the citizenship oath).

2. Been married to and living in valid marital union with a US Citizen for at least three years.

3. The spouse must have been a US Citizen for at least three years.

You can read this also on the N-400, box 2b.

Or, you can forget about those three requirements and instead file after having held a green card for five years (can file 90 days before meeting the five year requirement, but must meet the full five year requirement before taking the citizenship oath).

You can read about the second option on the N-400, box 2a.

If you file using N-400 box 2a, there's no need to include any evidence about the validity or duration of the marriage.

But if you file using N-400 box 2b, the marriage is an issue. In particular, if the marriage ends for any reason at any time before taking the citizenship oath, then he'll be ineligible for naturalization under 319(a) (box 2b). This includes not only divorce, but also death of the US Citizen spouse. .

Since you have the choice, and there's nothing to be gained by using the marriage, it seems like checking box 2a is the simplest route. I can't think of any reason to check 2b if you're eligible for 2a. In particular, the processing isn't faster.