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N-400 Part 1 - option 1 or 2?

By iKHiNG in US Citizenship General Discussion

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iKHiNG Explorer

iKHiNG   0

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

Hello everyone,

Quick background: My wife entered the US on August 2008 with a K1 Visa on my petition - We got married the same month - She became a Permanent Resident on March 2009 - Now she wants to apply for the Citizenship and we just want to make sure she picks the right option on Part 1 of the form.

She's been a permanent resident for 5 years and 1 month.

She's been married to me (US Citizen) for 5 years and 8 months.

Which is the best option to choose between the two on Part 1 of the form for her situation based on the information I provided?

Part 1. Information About Your Eligibility

1. __ Have been a Permanent Resident of the United States for at least 5 years.

2. __ Have been a Permanent Resident of the United States for at least 3 years. In addition, you have been married to and living with the same U.S. citizen spouse for at least 3 years, and your spouse has been a U.S. citizen for the last 3 years at the time of filing your Form N-400.

We're not sure how to pick the best answer because both seems to describe her eligibility. She's been a green card holder for over 5 years AND she also became a green card holder based on marriage to me 5 years ago? Does option 2 only applies to early filers(3 years)?

Thank you guys for your help!

My Wife's Timeline

Naturalization (N-400)

Service Center: USCIS Dallas Lockbox

EVENT/DATE

Filing Date:

NOA Date:

Biometrics Appt Date:

Interview Date:

Approved:

Oath Ceremony Date:

---------------------------------------------------------------------------

Ricky&Chat (K1) AOS & EAD

Service Center : California Service Center
EVENT/ DATE

Date of Flight to US: AUGUST 13, 2008 ARRIVED!(A NEW JOURNEY BEGINS...)
Date of Marriage: AUGUST 20. 2008
SSN Card Received: SEPTEMBER 25, 2008
AOS & EAD Application: OCTOBER 28, 2008
Case Transfer CSC: NOVEMBER 19, 2008
Biometrics Appointment: DECEMBER 3, 2008
Case Pending at CSC: JANUARY 2, 2009
EAD Approved: JANUARY 9, 2009
EAD Card Received: JANUARY 12, 2009

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Angel012110 Enthusiast

Angel012110   19

Posted
Filed: Citizen (apr) Country: Uruguay
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Posted

You can pick whichever one you like. It affects nothing because She'll have to bring the marriage certificate anyway as that is how she became a GC holder. Good Luck to Her!

ROC -I751: Removal of Conditions on Green Card   

Green Card Expires: 05/20/2017

Local USCIS office: Oakland Park, FL 

App Will Be Sent to: California Service Center

 

03/18/2017 - Application Sent (I-751)

03/20/2017 - Application Delivered. (Day 1)

03/24/2017 - Date Of Biometrics Letter (Day 4)

03/30/2017 - Date I Received Biometrics Letter (Day 10)

04/14/2017 - Actual Biometrics Appointment @ 10 AM (Day 25)

Never Received  - NOA 

01/18/2018 - I-551 Stamp (Day 305)

06/26/2018 - Case was transferred to NSC. (Day 463)

08/03/2018 - Received 18 month extension letter. (Day 501)

09/01/2018 - Submitted N400! (Day 530)

 

N-400 Citizenship 

Permanent Resident Since: 05/20/2015

Local USCIS Office: Oakland Park, FL 

Applied Online. 

 

09/01/2018 - Application Submitted Online (N-400)

09/07/2018 - Received physical copy of app receipt in the mail. (Day 6)

09/08/2018 - Biometrics Scheduled. (Day 7)

09/27/2018 - Biometrics appointment. (Day 26)

06/21/2019 - Interview Scheduled. (Day 293)

08/10/2019 - Interview - Passed. (Day 343)

08/23/2019 - Oath Ceremony!!! (Day 356)

 

 

 

 

 

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carton025 Rising Star

carton025   38

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

Just my opinion, but Option 2 best descirbes your current situation. Again, just my opinion, but if you had divorced within the first 3 yrs of marriage Option 1 would be best. Moreover, your gal entered as a K1 you guys married and are still married. As stated in the instructions, Option 2 is for married people and Option 1 is for unmarried/divorced people.

Best of luck!

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Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
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Posted

#2 -- Her eligibility for Naturalization is based on 3 years of marriage to and continuous living with you, the U.S. citizen at the time of filing.

Congrats to you and the wife!

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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JSully Rookie

JSully   4

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Filed: Citizen (pnd) Country: Latvia
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Posted (edited)

Option 1 is much better. It's processed much faster than Option 2 since it does not require proof of marriage. I was qualified for both options and selected Option 1 and seems like I'll be done in less than 3 months. In other threads, someone was mentioning that immigration officer changed the selection to Option 1 from option 2 at the interview. Less work for them as well.

Edited by JSully
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nachos Contributor

nachos   1

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Filed: Citizen (apr) Country: Ireland
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Option 1 is much better. It's processed much faster than Option 2 since it does not require proof of marriage. I was qualified for both options and selected Option 1 and seems like I'll be done in less than 3 months. In other threads, someone was mentioning that immigration officer changed the selection to Option 1 from option 2 at the interview. Less work for them as well.

Option 1 is the way to go. There's also less paperwork to file (no marriage cert, no proof of spouse's citizenship, no IRS transcripts, no proof of terminations of previous marriages).

It's less work for you and it is simpler overall.

Removing Conditions
12-4-2012 -> ROC Window open
12-6-2012 -> Packet Sent
12-10-2012-> Packet Delivered
12-11-2012-> Date NOA Approval
01-08-2013-> Biometrics Appointment
05-20-2013-> Approved
05-24-2013-> Card received

N-400:
Eligibility Criteria: 3 years
12-04-13: Eligibility Date
12-05-13: Application Sent
12-09-13: Application Received
12-13-13: Check/Money Order Cashed
12-12-13: NOA Date
12-19-13: NOA Received Date
12-18-13: Biometric Letter Sent Date
01-07-14: Biometric Date
02-04-14: In line for Interview
03-18-14: Interview Date
03-19-14: Interview (Approved)
03-22-14: Oath letter
04-11-14: Oath Ceremony

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iKHiNG Explorer

iKHiNG   0

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

Okay so both options are good we just have to pick one..

we'll send this application real soon.

Thanks everybody for your feedback and I appreciate all your help!

This is why this place is the best community online! :thumbs:

My Wife's Timeline

Naturalization (N-400)

Service Center: USCIS Dallas Lockbox

EVENT/DATE

Filing Date:

NOA Date:

Biometrics Appt Date:

Interview Date:

Approved:

Oath Ceremony Date:

---------------------------------------------------------------------------

Ricky&Chat (K1) AOS & EAD

Service Center : California Service Center
EVENT/ DATE

Date of Flight to US: AUGUST 13, 2008 ARRIVED!(A NEW JOURNEY BEGINS...)
Date of Marriage: AUGUST 20. 2008
SSN Card Received: SEPTEMBER 25, 2008
AOS & EAD Application: OCTOBER 28, 2008
Case Transfer CSC: NOVEMBER 19, 2008
Biometrics Appointment: DECEMBER 3, 2008
Case Pending at CSC: JANUARY 2, 2009
EAD Approved: JANUARY 9, 2009
EAD Card Received: JANUARY 12, 2009

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Birdo Enthusiast

Birdo   16

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Filed: Citizen (apr) Country: Finland
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Posted

Option 1 is the way to go. There's also less paperwork to file (no marriage cert, no proof of spouse's citizenship, no IRS transcripts, no proof of terminations of previous marriages).

It's less work for you and it is simpler overall.

Actually, even with Option 1 you still need to send proof of terminated prior marriages if any with the application.. They want to make sure one is not married to two people at the same time. And in the interview the officer made a copy of my current marriage certificate (it wasn't needed to be sent with the application itself)

CITIZENSHIP:
Eligibility Criteria: 5 years
xx-xx-1998: Eligibility Date
11-12-2013: Application Sent
11-19-2013: NOA Date
11-19-2013: Check/Money Order Cashed
11-22-2013: Bio-metric Letter sent Date
12-05-2013: Bio-metric Date
01-10-2014: In-line for Interview
02-06-2014: Interview Letter Received
03-12-2014: Interview Date

03-21-2014: In Oath Scheduling Que

03-24-2014: Oath Scheduled Notice Mailed

04-09-2014: Oath Ceremony

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  • 3 years later...
CarolineNC Newbie

CarolineNC   0

Posted
Filed: Citizen (pnd) Timeline
Posted

Hi, I qualify for both option 1 and 2. In the US for 8 years but came after marrying an American, that I am still married to.

If I go for option 1 (been here for 5 years), I only need to send a photocopy of my Green Card and a check. No marriage certificate, right?

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TBoneTX Grand Master

TBoneTX   45,267

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Read the instructions for both processes in regard to what to include.

---

Thread from 2014 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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