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Heidy1980

3 years or 5 years rule for naturalization. Need help!!!

By Heidy1980 in US Citizenship General Discussion

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Heidy1980 Contributor

Heidy1980   4

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Filed: Other Country: Philippines
 Timeline
Posted

I have a question regarding on applying for citizenship. My story is like this. I came her in USA on 3/5/2007 got my conditional green card on 8/29/2007 and got my 10 year green card sometimes in 2009. (Trying to find my old green card). I am separated from my US citizen Husband from 2009-present (2016). What should I apply. Do I need to ask him to help me applied for my citizenship (apply citizenship thru marriage [3 year rule]) which I doubt it that he will help me or (applied by myself [5 year rule]) I am so confused. If I applied for 3 year rule I doubt it that he will cooperate with me and for sure I will not gonna have all the documents I need from him. Or should apply by myself which is the 5 year rule, if so what documents I need to send to USCIS if I am applying for 5 year rule. PLEASE HELP. Thank you all in advance

Heidy

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carocaro Enthusiast

carocaro   22

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

I have a question regarding on applying for citizenship. My story is like this. I came her in USA on 3/5/2007 got my conditional green card on 8/29/2007 and got my 10 year green card sometimes in 2009. (Trying to find my old green card). I am separated from my US citizen Husband from 2009-present (2016). What should I apply. Do I need to ask him to help me applied for my citizenship (apply citizenship thru marriage [3 year rule]) which I doubt it that he will help me or (applied by myself [5 year rule]) I am so confused. If I applied for 3 year rule I doubt it that he will cooperate with me and for sure I will not gonna have all the documents I need from him. Or should apply by myself which is the 5 year rule, if so what documents I need to send to USCIS if I am applying for 5 year rule. PLEASE HELP. Thank you all in advance

Heidy

Start filling it all out online and you will see what documents you might need from him, if any.

Caro

...........
2010-07-07 visit to my 2nd home in Phoenix, US
2010-07-24 got married!
2010-09-17 filed AOS
2010-09-23 NOA
2010-10-19 BIO
2010-12-14 Interview Phoenix, AZ
2010-12-15 Approval notice received
2010-12-24 Green Cards received for me & son
............
2012-09-15 I-751 sent
2012-09-25 I-797, NOA received
2013-01-16 BIO

2013-06-13 Approval notice received

2013-06-27 10yr Green Cards received for me & son

............

2013-09-27 N-400 Naturalization application sent

2013-10-03 Priority Date

2013-10-07 N-400, NOA received

2013-10-11 I-797C, NOA received

2013-10-25 BIO (notice bio done last 10 months ago)

2013-11-14 In line

2013-12-13 online status changed to "Scheduled for Interview"

2013-12-18 letter for interview

2014-01-21 Interview date that I had to request change due to travel

2014-02-18 Interview in Phoenix

2014-02-22 Naturalization Oath Ceremony - I am officially a dual citizen Canadian/American

...........

2015-11-04 N-400 Naturalization application sent for SON aged 20

2015-11-09 N-400, NOA rec'd for son

2015-11-20 I-797C, NOA rec'd for son

2015-12-02 BIO for son

2015-12-04 In line

2016-01-29 online status changed to "Scheduled for Interview" for son

2016-02-03 letter for interview for son

2016-03-07 Interview in Phoenix for son

2016-03-25 Naturalization Oath Ceremony for my son - he is officially a dual citizen Canadian/American

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mallafri76 Experienced

mallafri76   1,012

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
 Timeline
Posted

Well you're way past the five year mark so just apply for yourself.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Wait for 5 years and apply for yourself. If you have doubts about him, do yourself a favor, don't take chances.

5 years is past and moot as well. ;)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Heidy1980 Contributor

Heidy1980   4

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

Thank you for all the advice. I just dont know what to do. Because i know he will not going to help me. I want to be safe that he will not going to cause me some trouble like what he is alwyas telling me before. If so i will apply for 5 year rule does anybody here know what are the documents needed to gather before i proceed to the application? Thank you in advance

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Heidy1980 Contributor

Heidy1980   4

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

I have a question regarding on applying for citizenship. My story is like this. I came her in USA on 3/5/2007 got my conditional green card on 8/29/2007 and got my 10 year green card sometimes in 2009. (Trying to find my old green card). I am separated from my US citizen Husband from 2009-present (2016). What should I apply. Do I need to ask him to help me applied for my citizenship (apply citizenship thru marriage [3 year rule]) which I doubt it that he will help me or (applied by myself [5 year rule]) I am so confused. If I applied for 3 year rule I doubt it that he will cooperate with me and for sure I will not gonna have all the documents I need from him. Or should apply by myself which is the 5 year rule, if so what documents I need to send to USCIS if I am applying for 5 year rule. PLEASE HELP. Thank you all in advance

Thank you for all the advice . One more question. I am going to file for 5 year rule just to be safe, because i know for the fact the he is not going to help me and i had a feeling that he will going to cause trouble if i am going to ask him to help me. My question is, what documents i needed to gather before i will submit my citizenship application. Anyinput will be appreciated. TIA

Heidy

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Ortolan Rising Star

Ortolan   381

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

Here is all the info you need: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization

"Wherever you go, you take yourself with you." --Neil Gaiman

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Mike-eeh and Odie Community Regular

Mike-eeh and Odie   193

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

I want to be safe that he will not going to cause me some trouble like what he is alwyas telling me before...

If you are worried that he can have you deported and/or prevent you from naturalizing, stop worrying, he could not do anything once you received your 10 year green card.

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aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

2016 minus 2009 = over 6 years.

apply using the 5 year criteria. u dont need anything from your (ex) husband.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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kalusha Enthusiast

kalusha   21

Posted
Timeline
Posted

2016 minus 2009 = over 6 years.

apply using the 5 year criteria. u dont need anything from your (ex) husband.

Actually it is 2/2016-8/2007 = 9 solid years.....The date you became a permanent residence starts on the conditional card. In her case August 2007.

Timeline for N-400   
Package Sent ----> 3/13/17

Package Received ---> Friday, March 17, 2017 @ 3:50 am

CC Charged ---->  3/20/2017
NOA ----> 3/23/17                                                                                
Finger Prints ---> 4/14/2017 --> Early FP 4/12/17!!
Inline for an Interview notice received ---> 4/14/17
Interview Scheduled ---> Waiting for letter in the mail to see the actual date.  8/30/17
letter in the mail arrived ---> 9/5/17
Interview Date ---> 10/05/17
Oath ---> 10/12/2017
 
 
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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I have a question regarding on applying for citizenship. My story is like this. I came her in USA on 3/5/2007 got my conditional green card on 8/29/2007 and got my 10 year green card sometimes in 2009. (Trying to find my old green card). I am separated from my US citizen Husband from 2009-present (2016). What should I apply. Do I need to ask him to help me applied for my citizenship (apply citizenship thru marriage [3 year rule]) which I doubt it that he will help me or (applied by myself [5 year rule]) I am so confused. If I applied for 3 year rule I doubt it that he will cooperate with me and for sure I will not gonna have all the documents I need from him. Or should apply by myself which is the 5 year rule, if so what documents I need to send to USCIS if I am applying for 5 year rule. PLEASE HELP. Thank you all in advance

Heidy

The 3 year rule no longer apply to you, regardless of marriage,

as your residence date is 8/29/2007 . if you filed on 6/30/2010, it would have applied.

It's been more than 5 years from 8/29/2007 - so go with that rule.

Go Get Em, and Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

File with the 5-year rule, you do not need to prove your marriage. (If you are not divorced, put "married" on the forms, but be upfront at the interview about being separated. It will not hurt your case.)

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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