Married to USC but applying under 5 Yr (w/ expired GC)

[marsbar1 0]

Hi All,

I am putting together the paperwork for my husband's N-400. He has been resident in the US on the basis of marriage (to me) since 2004 and unconditional since 2005. We are still married but he meets all of the requirements for citizenship based on 5 year residency. We would like to submit his paperwork under the 5 year rule as I really don't feel like getting all the additional documentation together the 3 year + marriage rule.

Questions:

1. Has anyone else done this? How did it go?

2. Would the USCIS balk if he applies under the 5 year rule as opposed to 3 year rule because we are still married?

Additionally, we are submitting his application just over 5 months prior to his Green Card's expiration. We will not be submitting a renewal application unless forced to by his case adjudicator. Our field office is processing N-400s in 5 months per the last update, which I think was July. Interested in hearing the experiences of others who submitted while GC was valid but expired during processing.

With thanks!

Sarah

[Transborderwife 4,666]

To answer number too I doubt it will be an issue. Many never become usc's I would not worry about it.

[Starkilla09 366]

Hi All,

I am putting together the paperwork for my husband's N-400. He has been resident in the US on the basis of marriage (to me) since 2004 and unconditional since 2005. We are still married but he meets all of the requirements for citizenship based on 5 year residency. We would like to submit his paperwork under the 5 year rule as I really don't feel like getting all the additional documentation together the 3 year + marriage rule.

Questions:

1. Has anyone else done this? How did it go?

2. Would the USCIS balk if he applies under the 5 year rule as opposed to 3 year rule because we are still married?

Additionally, we are submitting his application just over 5 months prior to his Green Card's expiration. We will not be submitting a renewal application unless forced to by his case adjudicator. Our field office is processing N-400s in 5 months per the last update, which I think was July. Interested in hearing the experiences of others who submitted while GC was valid but expired during processing.

With thanks!

Sarah

Not an issue, it's a matter of his choice not an obligation. 5 years is even better as it's less complicated than 3 year one. He might have been asked a couple of marriage questions if he was divorced to you, but since you guys are still married even better.