3-year or 5-year box

[Gloss 57]

Hi guys, 

 

I am pretty sure this question has been asked before, but somehow, I couldn't find the answer. I got my 10-year permanent residency on 08/13/2012 and I'm planning to apply for a citizenship this year probably in May. My question is: Should I tick the box where it says, "Have a lawful permanent resident of the United States for at least 3 years...." or "Have been a lawful permanent resident of the United States for at least 5 years." I am still married to my spouse, btw. Should I just wait until August to make it 5 years, or do I just tick on 3 year box when I file N-400 in May? Thanks!!

[Cheezees 1,514]

I checked 3 years and by the time they processed my case, 5 years had passed. Everything went smoothly from there so I don't think it matters. Good luck!

[f f 725]

did you have a 2 year card prior? it is asking about the time from first getting residency. so if you have been a resident for 5 including the conditional permanent resident time you can use the 5 year option or the 3 year. the only difference paperwork wise is that you have to prove legitimate relationship again with the 3 year rule and you do not with the 5 year rule.

 

good luck

[Gloss 57]

2 hours ago, Cheezees said:

I checked 3 years and by the time they processed my case, 5 years had passed. Everything went smoothly from there so I don't think it matters. Good luck!

Awesome, thanks! 

[Gloss 57]

1 hour ago, f f said:

did you have a 2 year card prior? it is asking about the time from first getting residency. so if you have been a resident for 5 including the conditional permanent resident time you can use the 5 year option or the 3 year. the only difference paperwork wise is that you have to prove legitimate relationship again with the 3 year rule and you do not with the 5 year rule.

 

good luck

No, I don't. This August will be my 5 year anniversary. I'm trying to avoid extra paperwork, and trying to figure out if 5-year rule has a 90 days early application rule like ROC.  Thanks! 

[candybabe 46]

Yes - the 5 yr rule has the same 90 days in advance of anniversary rule - The 5 yr path is by far less cumbersome when it comes to paperwork because you basically only have to prove your residency in US.

The 3 yr allows acceleration but also relies heavily on showing proof of marriage and living together / financials etc. Because it allows a 2 year advance over the 5 yr it is also more strict in confirming that the beneficiary is entitled to this accelerated process.