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Benjamin44

Applying for N-400- under spouse rule or not?

By Benjamin44 in US Citizenship General Discussion

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Benjamin44 Contributor

Benjamin44   10

Posted
Filed: Timeline
Posted

Hi all,

Just a quick rundown- pretty simple: I moved to the United States on an IR-1 visa just over 5 years ago. I received the visa/greencard through marriage to a US citizen- she petitioned for me.

I am still married to and living with the same US Citizen, and I am now considering applying for citizenship. I know I could have applied 2 years ago under the spouse 3-year rule, I just never got around to it. The question is- when I apply now, am I considered to be applying by way of marriage to a US citizen, or not? On the one hand, my entire presence here in the US- and my greencard status- is based on the fact that I am married to a US citizen. On the other hand, since I have already been here 5 years and not only 3, maybe this means I don't need that rule? That would be much better, since I wouldn't need to bother with all the extra documents and paperwork that one needs to send in if applying under the spouse rule.

Thanks everyone!

afortunada Community Regular

afortunada   182

Posted
Filed: Lift. Cond. (pnd) Country: Mexico
 Timeline
Posted

This exact topic was recently discussed:

http://www.visajourney.com/forums/topic/608063-citizenship-through-us-spouse-or-not/

You can file under whichever you'd prefer :)


Married: 5-July-2015
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
NOA2 Hard Copy Received: 06-October-2016
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS and IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017

 
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