Married for more than 5 years!

[mandixon 9]

Hi Vjers,

When should or can someone, who has been married for more than 5 years, file N400/ apply for citizenship? I kind of assume that any time after three years of marriage is fine. I just want to confirm that it has nothing to do with the 90 days before the annual anniversary of becoming a permanent resident.

[aleful 1,905]

Hi Vjers,

When should or can someone, who has been married for more than 5 years, file N400/ apply for citizenship? I kind of assume that any time after three years of marriage is fine. I just want to confirm that it has nothing to do with the 90 days before the annual anniversary of becoming a permanent resident.

the minimum is 3 years married and 3 years of being a resident, if married to USC petitioner. after that, you can file whenever you want to.

[DrVS 10]

I kind of assume that any time after three years of marriage is fine. I just want to confirm that it has nothing to do with the 90 days before the annual anniversary of becoming a permanent resident.

Why would you assume that? If you are a permanent resident for less than 3 years (minus 90 days), you cannot apply for a citizenship, even if you were married to a US citizen for 20 years.

[No-Where-Man 147]

Ok, if you came to the US through your US wife/husband, you can apply for US citizenship if:

1: you have been here in the US for at least 3 years (calculated from the date you becae resident which is shown on your green card)

2: you have been married to the same US citizen through whom you got your residency.

Otherwise, you can file after being a resident for 5 years......

In both cases(based on 3 years or 5 years), you can send your application 90 days before the 3rd or 5th anniversay, whatever applies to you.

Good luck

[mandixon 9]

Why would you assume that? If you are a permanent resident for less than 3 years (minus 90 days), you cannot apply for a citizenship, even if you were married to a US citizen for 20 years.

Thanks for your note. That assumption wasn't the core of my post though. I am totally aware that one should be:

1- married to a USC for at least 3 years

2-a permanent resident of the US for at least 3 years

3-physically present in the US for at least 18 months out of the 3 years preceding the date of the application for naturalization

My issue was with determining if the 90 days thing apply to a person who meet all those requirements + being married for over 5 years and maintained the resident status for more than 5 years. Someone has addressed the matter above. Thank you guys for your responses.

Edited September 17, 2012 by mandixon

[sasaqlain 24]

If you have been a resident for 5 years, I would suggest to file under the 5 year rule and leave the 3 year rule based on marriage out of it. It will be less paper work on your part and more easier. Good Luck!

[No-Where-Man 147]

I agree totally on that

If you have been a resident for 5 years, I would suggest to file under the 5 year rule and leave the 3 year rule based on marriage out of it. It will be less paper work on your part and more easier. Good Luck!

[mandixon 9]

I agree totally on that

I actually talked to an immigration lawyer about this matter. She recommends applying for citizenship as a spouse of a US citizen since my travels outside of the states for lengthy periods were related to the nature of my spouse's work abroad (spouse was living abroad temporarily and now is back to the states permanently).

[VanessaTony 3,567]

I actually talked to an immigration lawyer about this matter. She recommends applying for citizenship as a spouse of a US citizen since my travels outside of the states for lengthy periods were related to the nature of my spouse's work abroad (spouse was living abroad temporarily and now is back to the states permanently).

What does that have to do with the price of fish? Even if you apply based on marriage your USC spouse doesn't attend the interview with you, it's just you. Also, lengthy absences don't matter as long as you didn't break your continuous residence and as long as you've been in the US the proper amount of time.

I suggest you file based on the 5 years. It's much simpler. Basically the only requirement is to have been an LPR for 5 years and not broken your continuous residence or been out too long... if you file based on 3 years you need to show bonafide marriage as well as all the other stuff. Honestly I don't know why your lawyer would suggest the 3 years when you qualify for 5 years.

Edited March 5, 2013 by Vanessa&Tony

[av8or 34]

If you have been a resident for 5 years, I would suggest to file under the 5 year rule and leave the 3 year rule based on marriage out of it. It will be less paper work on your part and more easier. Good Luck!

not true.. doesn't matter which rule you use.. if your paperwork is not in order, you will have problems.. i applied using the 3 year rule after 5 yrs... easiest interview.. didn't have to bring wife to interview either..

[VanessaTony 3,567]

not true.. doesn't matter which rule you use.. if your paperwork is not in order, you will have problems.. i applied using the 3 year rule after 5 yrs... easiest interview.. didn't have to bring wife to interview either..

"Easiest interview" compared to your other interviews? Or are you saying easier than based on 5 years... of which you have no personal experience and therefore can't compare?

[av8or 34]

"Easiest interview" compared to your other interviews? Or are you saying easier than based on 5 years... of which you have no personal experience and therefore can't compare?

so.. you now decided to make this a personal attack on me? clowns like you on these forum make me laugh.. lol

Edited March 6, 2013 by av8or

[VanessaTony 3,567]

so.. you know now decide to make this a personal attack on me? clowns like you on these forum make me laugh.. lol

It's not a personal attack, I was asking for clarification while pointing out that you have no experience with a 5 year interview if you interviewed based on 3 years and therefore cannot call one easier than the other. You CAN say the paperwork is easier for 5 year, that's obvious from the instructions.

Edited March 6, 2013 by Vanessa&Tony

[mandixon 9]

What does that have to do with the price of fish? Even if you apply based on marriage your USC spouse doesn't attend the interview with you, it's just you. Also, lengthy absences don't matter as long as you didn't break your continuous residence and as long as you've been in the US the proper amount of time.

I suggest you file based on the 5 years. It's much simpler. Basically the only requirement is to have been an LPR for 5 years and not broken your continuous residence or been out too long... if you file based on 3 years you need to show bonafide marriage as well as all the other stuff. Honestly I don't know why your lawyer would suggest the 3 years when you qualify for 5 years.

I think applying according to the 5 year rule makes sense to me as well, but she is the lawyer and she has been in this business for a while. I paid 300 bucks for her advice.

I think she advised to apply according to the 3 year rule because my absences are strongly tied to my wife's nature of work (She is affiliated with a US institute of research and had to do some research overseas).

[NickD 202]

Hi Vjers,

When should or can someone, who has been married for more than 5 years, file N400/ apply for citizenship? I kind of assume that any time after three years of marriage is fine. I just want to confirm that it has nothing to do with the 90 days before the annual anniversary of becoming a permanent resident.

Answer is very simple for that three year marriage privilege, and it is a privilege put into law by a 1927 act of congress. And it concerns the earliest date you can apply for US citizenship.

You have to be married for at least three years on the day you can send in your application, and the earliest you can send in your application is no more than 90 days before the 3rd anniversary date of your green card.

This privilege is only effective until 90 days before your 5th green card anniversary, so in effect, if married and living with a US citizen, and proving it, you can apply for US citizenship up to two years in advance.

Motivation varies for applying at the earliest possible date, ours was my wife never received her ten year green card and was having difficulty with her employer. We were stuck with that damned I-864 and couldn't even apply for food stamps if we had to. With those crooks running our government, our stock values dropped to nothing. My high paying job was moved to China, more f__king crooks running our government. We didn't know what was going to happen next. But was able to find more work with my skills, wife's ten year card finally came in, stock values went up again, so everything worked out fine for us. But we didn't know that at the time. Other reasons would be to try to find some type of government job, ha, that was slim, forcing people into early retirement.

Causes one to quickly realize all of your assets, savings, what you worked for hard for all your life is as only as good as our government, and that same government is dictating our lives, in particular, the USCIS. Getting free of them finally after a long five years from the day we started was also a big relief.