Citizenship based on Marriage, or 5-Year Rule

[snivvel 0]

Out of curiosity, I've been browsing various forums on N-400 applications and would love some clarification on one topic!

I've read a few times now that people actually suggested that even genuinely married couples should wait to file the N-400/Citizenship application so they don't file after 3 years based on marriage, but after 5 years based on the 5-year rule. That way they avoid getting caught in some insane super-scrutiny from USCIS that could cost them everything if they don't have a massive pile of bona fide proofs, and instead just show that they had a green card for 5 years and use that as the basis for the N-400 which supposedly makes the process much easier.

Is this true or bad advice?

Edited February 18, 2010 by snivvel

[Bobby+Umit 161]

Bad advice IMHO.

If you have nothing to hide, and have valid evidence, file when your able to do so.

Why wait?

[snivvel 0]

Bad advice IMHO.

If you have nothing to hide, and have valid evidence, file when your able to do so.

Why wait?

That's what I thought. I'm far from filing N-400 but I wondered whether there was some truth to it.

Edited February 18, 2010 by snivvel

[v333k 59]

Out of curiosity, I've been browsing various forums on N-400 applications and would love some clarification on one topic!

I've read a few times now that people actually suggested that even genuinely married couples should wait to file the N-400/Citizenship application so they don't file after 3 years based on marriage, but after 5 years based on the 5-year rule. That way they avoid getting caught in some insane super-scrutiny from USCIS that could cost them everything if they don't have a massive pile of bona fide proofs, and instead just show that they had a green card for 5 years and use that as the basis for the N-400 which supposedly makes the process much easier.

Is this true or bad advice?

Worst case scenario, if the IO feels that you are not eligible to apply based on 3 years, then you will have to wait until 5 years before applying again. The 2 year conditional residence has already proven that you have a real marriage and relationship, but to allow you to naturalize, you will need to show them that you are still married and you are eligible for 3 year naturalization. You are currently an LPR and that's that.

[Lansbury 19]

File after 3 years. I did certainly no massive scrutiny, if fact hardly much of any sort of scrutiny.