Kind of confused about the 3-year and 5-year form options

[CrisMaz 0]

Hi everybody!

I've spent the last hour reading the forum about the whole filing after 3 years or waiting. I get all that, but I did not find an answer to my specific question.

I've been an LPR for almost 5 years now and married to my USC husband for over 5 years. I was never in a hurry to file for naturalization but now after 5 years I'm going for it.

My doubt is when you're filing out the form you can either pick "been an LPR for 5 years or longer" or "been an LPR for 3 years or longer and married to a USC for last 3 years". Which should I pick? They're both true! I just don't know why I can't wrap my brain around this concept lol

I'm aware of the differences in paperwork they may require, it's of no consequence to us, whatever they want, we have. I just want to make sure I'm picking the correct option.

Thank you so much in advance!

Cristina M.

[M and C 32]

I would think, in your particular case, you choose the second option -- "been an LPR for 3 years or longer and married to a USC for last 3 years".

[newacct 688]

If you qualify for both, you should choose the 5-year rule.

[akihon 129]

If you qualify for both, you should choose the 5-year rule.

This. 5 years has less having to prove married stuff.

[JimmyHou 611]

I agree with the last two responses... go with the 5 year option as long as you meet all the requirements.

[Ben-Zhanna 1]

We're in the same timeline situation as you.

I've read examples of both scenarios. Some say the 5-year method is a little quicker, or at least there is less to prove in the interview. Then again, there was another scenario of someone who filed under 3-year and had the interviewer switch it to 5-years so it was less paperwork.

In the end, if you have all the proof anyways, it's not going to matter much.

We ended up filing under 3-year, but it wasn't a conscious choice of either/or. I filled out this paper work last fall, but we ended up postponing submission because of a few travel plans that came up. At the time, 3-years was our only option. It was only after submitting our packet this month did I realize the 5-year mark was passed a couple weeks earlier

[bigundertaking 0]

So here is one for you. I am one of the odd people who has had a green card twice. Got the first one in 2006 and held it for almost five years. Then due to issues my wife and I (she is the US citizen) and I moved back to Canada, Out of the US for two and a half years. Had to abandon the green card - got a new one in Sept 2013 (two and a half years ago). Coming up to three years in Sept so I can file under the three year rule in June (Sept minus 3 months).

Married to the same US citizen for 13 years now. So - which do I file under the three or the fie? I have assumed the wisest bet is three?

[akihon 129]

So here is one for you. I am one of the odd people who has had a green card twice. Got the first one in 2006 and held it for almost five years. Then due to issues my wife and I (she is the US citizen) and I moved back to Canada, Out of the US for two and a half years. Had to abandon the green card - got a new one in Sept 2013 (two and a half years ago). Coming up to three years in Sept so I can file under the three year rule in June (Sept minus 3 months).

Married to the same US citizen for 13 years now. So - which do I file under the three or the fie? I have assumed the wisest bet is three?

You file based on your Resident Since date on your most current card. If you're coming up on 3 years filing based on marriage to USC, go for it.

[bigundertaking 0]

You file based on your Resident Since date on your most current card. If you're coming up on 3 years filing based on marriage to USC, go for it.

Agreed. That has always been my assumption.