Filing on the 3rd or 5th year ? which is better for USCIS?

[kmc108 0]

Would filing for N400 on the 4th year be any different from filing on the 5th? Would it be considered as filing as if it's the 3rd year w/ addtl requirements? Just wondered if anyone filed on their 4th year and what the requirements were or interview experiences were like... or maybe I should just wait till 2014 to file? No rush for me. Any feedback is appreciated.

(married to US citizen since Jan 2009/ CPR July 2009/ Conditions removed Nov 2011)

[nwctzn 55]

Would filing for N400 on the 4th year be any different from filing on the 5th? Would it be considered as filing as if it's the 3rd year w/ addtl requirements? Just wondered if anyone filed on their 4th year and what the requirements were or interview experiences were like... or maybe I should just wait till 2014 to file? No rush for me. Any feedback is appreciated.

(married to US citizen since Jan 2009/ CPR July 2009/ Conditions removed Nov 2011)

If you apply based on marriage with a USC, it is always considered as a 3-year application with the documents proving marriage, tax etc. So they will check your requirements and documents based on the last 3 years prior to your application. So there is no difference if you file at the end of 3 years or 4 years.

On the other hand, the 5-year residency application requires fewer documents. But then you have to wait. So the choice is yours. If you think you have problems in producing the documents for the 3-year application then wait it out. But otherwise, there is no reason to wait. One thing to consider is that by 2014 fees could increase. So plan accordingly.

Edited December 4, 2012 by nwctzn

[Penguin_ie 5,993]

Filing in the 4th year is just like filing 90 days before your 3rd year- you still need to prove the marriage etc.

Filing after 5 years is easier, less paperwork.

[kmc108 0]

If you apply based on marriage with a USC, it is always considered as a 3-year application with the documents proving marriage, tax etc. So they will check your requirements and documents based on the last 3 years prior to your application. So there is no difference if you file at the end of 3 years or 4 years.

On the other hand, the 5-year residency application requires fewer documents. But then you have to wait. So the choice is yours. If you think you have problems in producing the documents for the 3-year application then wait it out. But otherwise, there is no reason to wait. One thing to consider is that by 2014 fees could increase. So plan accordingly.

Thank you for responding. Much appreciated.

Filing in the 4th year is just like filing 90 days before your 3rd year- you still need to prove the marriage etc.

Filing after 5 years is easier, less paperwork.

Thank you for responding. Much appreciated.

[LA80 3]

We did after almost 4 years based on marriage, and it was a piece of cake. The worst part was driving around. If you have all the papers, the time really does not matter (in my humble opinion).

[Gboree 65]

I think if you are married in good faith, you should find little problem filling at the third year.

[NickD 202]

A ton of proof of marriage is required for the three year marriage privilege. Like a combination of both the AOS and ROM stages. For the five year, only a green card and a check is necessary for that application.

Put in another way, the window for marriage provided all other conditions are met is 90 days before the LPR's 3rd green card anniversary until 90 days before that 5th year anniversaryS

A key advantage of applying early besides finally being free of the USCIS, and this includes both the LPR and the US citizen spouse, is, that US citizen spouse is finally free of that I-864. If the LPR is severely injured by some drunk pushing that person off the road that leaves the scene, having a precondition, and getting kicked off your health insurance policy, won't be able to seek private or public aid. And as the US citizen still liable for all those medical bills. Speaking from experience on this issue. Illiness is another cause for this. No mercy from the USCIS nor government on this issue.

LPR is eligible or may be for SS benefits, but not until a US citizen.

Another advantage is to be able to vote in a local election where 95% of the candidates are running unopposed.

A disadvantage depends upon what kind of agreement our DOS has made with your home country. Not only do you have to maintain that passport from your home country, but maintain a US passport as well. Not exactly true when the USCIS says you are a now a US citizen just like you were born here. But the DOS is an entirely different agency with their own set of rules. Both are under Homeland Security that just added more bureaucrats to the list.

[Gboree 65]

...A disadvantage depends upon what kind of agreement our DOS has made with your home country. Not only do you have to maintain that passport from your home country, but maintain a US passport as well. Not exactly true when the USCIS says you are a now a US citizen just like you were born here. But the DOS is an entirely different agency with their own set of rules. Both are under Homeland Security that just added more bureaucrats to the list.

I beg to differ on that note that DOS is under Home Land Security. As far as I know, the are two distinct departments ie one deals with foreign affairs and the other deals with domestic affairs. Again too, if you do not want to remain a citizen of your place of birth you can go to the embassy or consulate and then renounce your citizenship with them. (I know that is how its done in my country).

Or what say you?