3 year or 5 year rule?

[Mehmet&Elena 20]

Hello!

My wife came to the United States with a fiance visa back in 2011 and she has been a Resident since October, 2011. She is now applying for Naturalization. However we are not sure if she should apply under the 3 year rule or 5 year rule. Would they reject her application if she applied under the 3 year rule?

As for the residence question. Under the 3 year rule does she need to list her Ukrainian Address, since its within the 5 year period?

Thank you!

[aaron2020 11,651]

Hi,

Your wife can file under the 3 years rule. She would need to provide evidence of her bona fide marriage to you.

It would be easier for her to wait a few days or weeks and file under the 5 years rule. She can file 90 days before her 5th anniversary as an LPR. Since she got her LPR status in October 2011, she is eligible for naturalization sometime this month, July 2016. She would not need to provide evidence of her marriage to you.

She can list her Ukrainian address if she wants, but I would list that she has been living with you since she arrived on the K1. That should cover the last 5 years.

Best of luck.