Married to a US citizen, but filing N-400 after living in the US for 5 years

[Natalie_K12 1]

Hello all!

 

I am finally getting ready to file my N-400.

I noticed that there are 2 options:

1) 3-year rule on basis of marriage to a US citizen

2) 5-year rule

 

Do I have to submit documents based on 3-year rule, since I did get my Green Card based on the marriage to a US citizen. However, I have lived in the U.S. for 5 years now. 

Does my 5-year residency override the need to file based on a 3-year rule? As a result, no need for my husband's birth certificate, joined tax returns, etc.

I am a bit confused.

Thank you for your help!

 

[Starkilla09 366]

File under 5 year rule even though you also qualify for 3 year rule. Requires bare minimal paperwork and you won’t be required to show ongoing proof of marital union and all those joint stuff with your husband as well as taxes. 3 year rule requires extra supporting evidence.

Edited February 19, 2018 by Starkilla09

[Haideraaz 19]

3 years rule definitely ,, because legally you are married to a US citizen and got this GC through  it !   

[MiraW 58]

11 minutes ago, Haideraaz said:

3 years rule definitely ,, because legally you are married to a US citizen and got this GC through  it !   

This is not true. She's been a permanent resident for more than 5 years, she's qualified to file under the 5 year rule. 

 

[Natalie_K12 1]

That is exactly why I am confused about this one.

I think i will just send all the documents required for 3-year stay... Just to be on the safe side.

[afrocraft 313]

I would apply under the 5-year rule. I think the way to see this from a plain reading of the law is that the default requirement for naturaIization is 5 years of permanent residence. The lower bar for spouses of US citizens and other classes is an exception, requiring more evidence and attracting further scrutiny to claim the special benefit. Even if you choose to add marriage docs, I would make clear in the cover letter that you're applying under the 5-year rule.

[Going through 5,671]

You are eligible for the 5 year rule.

Even if you applied under the 3-year rule and sent in all the marriage stuff, your application will be adjudicated based on the 5-year rule once the IO sees the issue date on your green card.

[Natalie_K12 1]

3 hours ago, Going through said:

You are eligible for the 5 year rule.

Even if you applied under the 3-year rule and sent in all the marriage stuff, your application will be adjudicated based on the 5-year rule once the IO sees the issue date on your green card.

Thank you for your comment.

That makes sense. I will then apply under 5-year rule.

[Haideraaz 19]

1 hour ago, Natalie_K12 said:

Thank you for your comment.

That makes sense. I will then apply under 5-year rule.

I had similar case as yours and applied under 3 years ! I have no idea why ppl like to say false things ! it's up to you at the end ! 

[Haideraaz 19]

On 2/19/2018 at 3:42 PM, MiraW said:

This is not true. She's been a permanent resident for more than 5 years, she's qualified to file under the 5 year rule. 

 

not really ! I applied 6 years after my GC and through the 3 years rule ! the rule is so clear ! if you are married to US citizen its 3 years rule ! and by the way they accepted my case ! can you explain !?

[Going through 5,671]

35 minutes ago, Haideraaz said:

not really ! I applied 6 years after my GC and through the 3 years rule ! the rule is so clear ! if you are married to US citizen its 3 years rule ! and by the way they accepted my case ! can you explain !?

Of course they accepted the application----The N400 application is not going to be rejected for checking off the 3 year eligibility box rather than the 5 year eligibility if eligible for both.

 

If eligible for both, the application is going to be adjudicated based on the 5-year rule however based on the issue date of the GC regardless of marital status.  Some people apply for naturalization after being married and residing in the US for 10, 20 or even 30 years....marital status is irrelevant to the N400 after the person has resided in the US for 5 or more years.  

 

No one in this thread gave the OP false information.

Edited February 21, 2018 by Going through

[SashaLise 3]

9 hours ago, Haideraaz said:

not really ! I applied 6 years after my GC and through the 3 years rule ! the rule is so clear ! if you are married to US citizen its 3 years rule ! and by the way they accepted my case ! can you explain !?

lol what's with all the exclamation points...

[tatisvans 36]

I am married to a US Citizen and I've been living in the US for over 6 years.

Still I apply under the 3 year rule 

[GC2010 7]

On 2/21/2018 at 8:53 AM, Natalie_K12 said:

Thank you for your comment.

That makes sense. I will then apply under 5-year rule.

uscis process application in categories so it dont matter which category you file under as long as you are eligible ,so if you file under 3 year rules , you will be required to provide more paper work , if you file under the 5 years rules then you dont have to send in all the paper work for you and your husband to support your application. less paper work less stress so i would file under the 5 years rule   

[Savka 1]

I am in a process to apply and want to use my 5 year rule, I completely agree that less paperwork is less stress! can someone answer me if I can apply as soon as I hit 5 years or I should wait a little longer after the 5 years? and what kind of paperwork will be required if I don`t have to submit proof of ongoing marriage? i have the N400 and the fee and the cover letter ... what else?

thank you everyone