N-400 JUNE 2014 Filers

[JimmyHou 611]

I find this rather peculiar. I certainly don't understand your circumstances and you certainly don't have to explain yourself. but can't for the life of me figure out why anyone would opt to file under the three year marriage when they clearly qualify as a five year LPR?

Good question... here's the only thing I can think of:

Let's assume that you got your green card in April 2009. You can apply in January 2014 based on 5 years of residency.

Let's also assume that you got married (with all the other conditions) in January 2011. You can also apply in January 2014 based on 3 years of marriage.

Given the choice, you'd usually choose to apply based on 5 years of residency, but suppose that you took several long trips in 2009 and 2010 that you don't want to have to explain during your interview. Or suppose you had something on your record that you wanted to fall outside the statutory period (3 years or 5 years preceding your application). In those cases, it might be better for you to apply based on 3 years of marriage.

[goldsus 0]

Good question... here's the only thing I can think of:

Let's assume that you got your green card in April 2009. You can apply in January 2014 based on 5 years of residency.

Let's also assume that you got married (with all the other conditions) in January 2011. You can also apply in January 2014 based on 3 years of marriage.

Given the choice, you'd usually choose to apply based on 5 years of residency, but suppose that you took several long trips in 2009 and 2010 that you don't want to have to explain during your interview. Or suppose you had something on your record that you wanted to fall outside the statutory period (3 years or 5 years preceding your application). In those cases, it might be better for you to apply based on 3 years of marriage.

The only thing is that you cannot hide anything. CBP database has a record of every single trip you made overseas + the duration. FBI has a record of everything else. So, in this case I would think it doesn't matter 3 or 5 years.

[dioxide45 25]

Good question... here's the only thing I can think of:

Let's assume that you got your green card in April 2009. You can apply in January 2014 based on 5 years of residency.

Let's also assume that you got married (with all the other conditions) in January 2011. You can also apply in January 2014 based on 3 years of marriage.

Given the choice, you'd usually choose to apply based on 5 years of residency, but suppose that you took several long trips in 2009 and 2010 that you don't want to have to explain during your interview. Or suppose you had something on your record that you wanted to fall outside the statutory period (3 years or 5 years preceding your application). In those cases, it might be better for you to apply based on 3 years of marriage.

Though if you got your green card in 2009 and married in 2011, that would mean you didn't get your green card based on marriage. Wouldn't you have had to obtain it from some other status? Meaning you wouldn't apply based on 3-year marriage anyway. Your only option would be 5-year LPR.

Along the lines of the last poster, I don't see any situation where your eligibility date for 3-year marriage would be on or after that of a 5-year LPR. So the scenario you laid out doesn't seem that likely?

[alix 20]

The only thing is that you cannot hide anything. CBP database has a record of every single trip you made overseas + the duration. FBI has a record of everything else. So, in this case I would think it doesn't matter 3 or 5 years.

I know I cannot hide anything. I became a LPR in 2006 because of my husband and had to spend a lot of time abroad between 2007 and 2010 because of his job so it made sense to me to apply based on marriage. I had to send tax transcripts either way because of my time abroad, so making copies of my husband's BC and our marriage certificate wasn't too troublesome!

Also, why does it matter anyway?

Edited August 3, 2014 by alix

[second stage 14]

I know I cannot hide anything. I became a LPR in 2006 because of my husband and had to spend a lot of time abroad between 2007 and 2010 because of his job so it made sense to me to apply based on marriage. I had to send tax transcripts either way because of my time abroad, so making copies of my husband's BC and our marriage certificate wasn't too troublesome!

Also, why does it matter anyway?

It doesn't matter alix.

Filing based on 3 year or 5 year is individual's choice...

[JimmyHou 611]

The only thing is that you cannot hide anything. CBP database has a record of every single trip you made overseas + the duration. FBI has a record of everything else. So, in this case I would think it doesn't matter 3 or 5 years.

No, no... you're not hiding anything... if you are applying based on marriage you have to demonstrate that you have maintained continuous residence and meet the physical presence requirements for the last 3 years (not 5 years).

So if you had a long trip 4 years ago, it shouldn't be an issue if you are applying based on 3 years, but could be an issue if you are applying based on 5 years because the period of review is different.

It's got nothing to do with hiding anything, as you say, they know about all your trips, it's just that there can be a situation where you meet the physical presence or continuos residence requirements for 3 years, but not for 4 years.

[JimmyHou 611]

Though if you got your green card in 2009 and married in 2011, that would mean you didn't get your green card based on marriage. Wouldn't you have had to obtain it from some other status? Meaning you wouldn't apply based on 3-year marriage anyway. Your only option would be 5-year LPR.

Along the lines of the last poster, I don't see any situation where your eligibility date for 3-year marriage would be on or after that of a 5-year LPR. So the scenario you laid out doesn't seem that likely?

Is it true that you can only apply based on marriage if you got your greencards through marriage? I didn't think that was the case, could you clarify if this is true, because I could be wrong.

Sorry... I'm not sure I understood your question... I was giving an example where applying based on 3 years would be faster than applying on 5 years.

The situation I described above, where you spent too much time out of the country 4 years ago is a case where it would make a difference. If you apply based on 5 years, your clock would have been reset after your long trip and you would have to explain your absence. If you apply based on 3 years, then you will have met the residency requirement for the specified three years.

But i agree that it would be an uncommon situation.

Edited August 3, 2014 by JimmyHou

[CopaMom 1]

I find this rather peculiar. I certainly don't understand your circumstances and you certainly don't have to explain yourself. but can't for the life of me figure out why anyone would opt to file under the three year marriage when they clearly qualify as a five year LPR?

I also did this. I have had my GC for 8 years, been married 12 years, and filed under 3 year rule because I got my GC based on marriage. I wasn't sure if it would be a problem, so I opted for the safest (yet, more difficult) way.

[CopaMom 1]

My daughter received her yellow notice earlier last week. Only needs a DL and passports. I received mine a couple days ago and they want IRS c r a p for the past 3 years. UGH! PITA! It wasn't necessary to send them with my application because I sent our kids' birth certificates instead. Why do they need them now? I am irritated. If I request the transcripts to be mailed, it can take a month a half. I probably have enough time, but what if I don't. So I found another link online to get them immediately, but it's not working. I wasn't stressed over any of this (unlike the stress of applying for my GC) until now.

Edited August 3, 2014 by CopaMom

[second stage 14]

My daughter received her yellow notice earlier last week. Only needs a DL and passports. I received mine a couple days ago and they want IRS c r a p for the past 3 years. UGH! PITA! It wasn't necessary to send them with my application because I sent our kids' birth certificates instead. Why do they need them now? I am irritated. If I request the transcripts to be mailed, it can take a month a half. I probably have enough time, but what if I don't. So I found another link online to get them immediately, but it's not working. I wasn't stressed over any of this (unlike the stress of applying for my GC) until now.

If the online IRS link doesn't work you can call them. There is a toll free number and it only takes about 10 days to receive.

[CopaMom 1]

If the online IRS link doesn't work you can call them. There is a toll free number and it only takes about 10 days to receive.

Thanks... I saw the number... and just found another link to get them by mail in 10 days. I am trying that one now

[CopaMom 1]

Well, that ended up being easier than I thought. Should get my transcripts in 5-10 days.

[second stage 14]

My daughter received her yellow notice earlier last week. Only needs a DL and passports. I received mine a couple days ago

Too bad we don't have a "received yellow letter" column - otherwise we can track that too...

[CopaMom 1]

Too bad we don't have a "received yellow letter" column - otherwise we can track that too...

Having read the previous posts... there are a lot of columns we could add to make everyone happy! LOL!

[Moaz 6]

N-400 on basis of 3 years Marriage

06/30/2014 Application Sent

07/03/2014 Application Received in Phoenix, AZ Lockbox

07/08/2014 Money-order

07/08/2014 Received email/text receipt confirmation from Phoenix, AZ Lockbox

07/03/2014 Notice Date

0711/2014 Biometrics Letter sent

07/14/2014 Biometrics Letter Received

07/25/2014 Biometrics Appointment

07/21/2014 Biometrics Walk-in

XX/XX/2014 In queue for Interview

xx/xx/2014 Interview Letter Received

xx/xx/2014 Interview

xx/xx/2014 In queue for Oath Ceremony

xx/xx/2014 Oath Ceremony

xx/xx/2014 Applied for passport

xx/xx/2014 Passport received