3 years or five years

[breadedVirus 0]

I have been a US resident for 5 years. Conditional resident card was valid from 2005-2007. Got my 10 year card in 2008. My resident card expires in May 2018.

I was married to my US citizen spouse, until she decided to ditch me after 2 and half years. She was the reason i moved to the US. I have met someone whom actually is not like that and we plan to marry next year. If i apply for citizenship, do i file under the 5 year rule or do i have to wait for us to be married for 3 years then file?

I was thinking of waiting to file nearer the time my resident card expires, but not too sure when would be best.

Any advice on the matter would be grateful

Edited December 1, 2012 by breadedVirus

[Pinkrlion 2,722]

I have been a US resident for 5 years. Conditional resident card was valid from 2005-2007. Got my 10 year card in 2008. My resident card expires in May 2018.

I was married to my US citizen spouse, until she decided to ditch me after 2 and half years. She was the reason i moved to the US. I have met someone whom actually is not like that and we plan to marry next year. If i apply for citizenship, do i file under the 5 year rule or do i have to wait for us to be married for 3 years then file?

I was thinking of waiting to file nearer the time my resident card expires, but not too sure when would be best.

Any advice on the matter would be grateful

Since you are divorced, it is the 5 year rule. You can apply when you have had your green card 5 years, it looks like you could have applied in 2010.

[Tygrys 143]

Since you are divorced, it is the 5 year rule. You can apply when you have had your green card 5 years, it looks like you could have applied in 2010.

[nwctzn 55]

I have been a US resident for 5 years. Conditional resident card was valid from 2005-2007. Got my 10 year card in 2008. My resident card expires in May 2018.

I was married to my US citizen spouse, until she decided to ditch me after 2 and half years. She was the reason i moved to the US. I have met someone whom actually is not like that and we plan to marry next year. If i apply for citizenship, do i file under the 5 year rule or do i have to wait for us to be married for 3 years then file?

I was thinking of waiting to file nearer the time my resident card expires, but not too sure when would be best.

Any advice on the matter would be grateful

I assume your "resident since" date printed on your greencard is 2005. If yes, you are already eligible to file today under the 5-year residency rule.

[VanessaTony 3,567]

I assume your "resident since" date printed on your greencard is 2005. If yes, you are already eligible to file today under the 5-year residency rule.

as long as he has the right amount of time inside the US. He said he visits Peru regularly. Time outside the US affects eligibility, depending on length.

[nwctzn 55]

as long as he has the right amount of time inside the US. He said he visits Peru regularly. Time outside the US affects eligibility, depending on length.

Good point. Out of the last 5 years he should have been in the US for at least 2.5 years (913 days) to meet the physical presence requirement.

And he should have maintained continuous residence which in general is satisfied when you do not take trips longer than 180 days each.

[breadedVirus 0]

Never been to Peru, but thank you for your responses. Much appreciated.

[nwctzn 55]

Never been to Peru, but thank you for your responses. Much appreciated.

One requirement is that you need to visit Peru before you apply

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Edited December 1, 2012 by nwctzn

[VanessaTony 3,567]

Never been to Peru, but thank you for your responses. Much appreciated.

I apologise. My comment was (strangely) posted in the wrong topic.

[breadedVirus 0]

I apologise. My comment was (strangely) posted in the wrong topic.

It's not a problem. These things happen. I may have to visit Peru.

I do thank you for your response regardless.

Edited December 2, 2012 by breadedVirus

[breadedVirus 0]

One requirement is that you need to visit Peru before you apply

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Yes from the looks of it, it's very much a requirement.

[Jason32 5]

It's a good thing I have been to Peru then!!

[NickD 203]

In 1927, US congress past a law stating that an immigrant married to a US citizen makes a better US citizen, therefore permitted a 3 rather than a 5 year wait. It's a privilege. USCIS that wasn't around back then can really make a big deal about showing evidence that you are married, living together, and paying taxes, bills, joint savings, insurance policy beneficiaries, etc.

If even happily married, you don't have to provide any of this evidence if waiting for the five year. Key factor is how long have you held your green card, if five years, you apply for the five year.

Yet another factor since you married a US citizen to come here, that marriage could be suspect of fraud, so you better be prepared to explain that. One thing they really look for, is if you married a US citizen to come here, then end up trying to bring a person from your home country to come here, you really would be suspect of fraud.

[Brother Hesekiel 2,236]

Unless you want to spend an extra $450 on a new Green Card, make sure your Green Card is valid for at least 6 more months at the time you apply.