n- 400 5 year rule/ lots of questions

[jhhss 4]

Hey guys, I'm going to apply for my citizenship and, OF COURSE, I am already freaking out and worried about everything and I have 1000000 questions, will start with just a few for now 

 

1. I have been married since 2012, got GC in 9/2012, never divorced and my husband and I both were never married before. So I am applying under 5 year rule, even though I got my GC through marriage, correct?

2. (THIS IS A BIG ONE FOR ME) I'm not working at the moment, husband brings the bacon home and it'll be like that for a while at our household... Because I am NOT applying under 3 year rule (which is marriage based) will I face problems since I don't make any money and am not submitting my husband's docs and  marriage docs?

3. Once you start applying online, do you have to finish it all in one sitting and submit all the evidences right when you start your application, or can you save your file and submit whenever you're ready?

4. I am going out of the country in September for 16 days, should I wait and apply when I get back?

5. did you guys scan and upload a whole 5 year tax return history with no problem?

6. My passport was not stamped at POE (Miami) in one of our trips  in 2015, but I have left the country on two other occasions after 2015. 

6. Given the info above, and based on the document checklist, it looks like I don't have to submit anything else other than the copy of the green card.... Am I tripping?

Edited July 11, 2018 by jhhss

[mushroomspore 3,044]

Pretty sure you can apply under the 3-year rule since you're still married to the spouse who petitioned you for your GC. I've seen a few people here who think they need to do the 5-year rule and I have no idea why they think this. It says clearly if you are STILL married to the same spouse who petitioned for your original permanent residency after 3 years, you are eligible for citizenship.

 

You need to wait 5 years if you get divorced and/or you marry a different American citizen.

 

Not versed in N400 application process so I'll let others answer the rest of your questions.

Edited July 11, 2018 by mushroomspore

[jdaveh 58]

am not submitting my husband's docs and  marriage docs?

 

why are you not submitting his documents?

 

[jhhss 4]

3 minutes ago, jdaveh said:

am not submitting my husband's docs and  marriage docs?

 

why are you not submitting his documents?

 

I'm not... (I think I'm not) I printed out the form and started to prepare my n-400, and realized both items of Part 1. at the form N-400 are true: 

 

a. I have been a resident for 5 years AND 
b. I have been a resident for 3 years and still married and living.

 

Because we cannot select more than one box I selected the first one (a.) because it's true.

 

My concern about sending husband docs. is because he is the one who makes the money and I don't want the immigration to assume I'm a bum..

 

[jdaveh 58]

2nd box is true also, no reason not to select it

[jhhss 4]

11 minutes ago, jdaveh said:

13 minutes ago, mushroomspore said:

Pretty sure you can apply under the 3-year rule since you're still married to the spouse who petitioned you for your GC. I've seen a few people here who think they need to do the 5-year rule and I have no idea why they think this. It says clearly if you are STILL married to the same spouse who petitioned for your original permanent residency after 3 years, you are eligible for citizenship.

 

You need to wait 5 years if you get divorced and/or you marry a different American citizen.

 

Not versed in N400 application process so I'll let others answer the rest of your questions.

ummm... but I have been a resident for 5 years 

[WandY 430]

Read the instructions:  https://www.uscis.gov/n-400

 

You can just print the form and fill it out at your leisure. Just need three current years of tax filings/transcripts. You not working is immaterial and you traveling out of country is immaterial.

 

You are well within the rules. According to my naturalized friends, this is the easiest part of the whole visa/citizenship process. They just want to know that you've been living here with spouse and paying taxes. You are good to go. Hope you do well on the test and welcome to citizenship!

[Going through 5,671]

11 minutes ago, jhhss said:

1. I have been married since 2012, got GC in 9/2012, never divorced and my husband and I both were never married before. So I am applying under 5 year rule, even though I got my GC through marriage, correct?

It's more streamlined (and less evidence needed) if you apply under the 5-year eligibility rule.  

 

12 minutes ago, jhhss said:

2. (THIS IS A BIG ONE FOR ME) I'm not working at the moment, husband brings the bacon home and it'll be like that for a while at our household... Because I am NOT applying under 3 year rule (which is marriage based) will I face problems since I don't make any money and am not submitting my husband's docs and  marriage docs?

There is no requirement for you to be employed when applying for the N400 under the 3 or 5 year rule.  Again, if you apply under the 5-year residency rule, your marital status is irrelevant to your application so no marriage docs are required with your application.

 

14 minutes ago, jhhss said:

3. Once you start applying online, do you have to finish it all in one sitting and submit all the evidences right when you start your application, or can you save your file and submit whenever you're ready?

The online application holds/saves your entered info for roughly 30 days.  You don't have to finish it all at once. Some have reported glitches when uploading documents over more than one sitting, though.

 

16 minutes ago, jhhss said:

4. I am going out of the country in September for 16 days, should I wait and apply when I get back?

That's entirely up to you.  Just note that any travel between filing date and interview date will need to be disclosed to the IO at your interview so your travel history can be updated in your application.

 

17 minutes ago, jhhss said:

5. did you guys scan and upload a whole 5 year tax return history with no problem?

USCIS prefers the tax transcripts, which are generally just a few pages in length per year.  Easier to upload for you too since it's not as huge a document in the end.

 

18 minutes ago, jhhss said:

My passport was not stamped at POE (Miami) in one of our trips  in 2015, but I have left the country on two other occasions after 2015. 

My foreign passports haven't been stamped in over 20 years and I travel quite frequently on it.  Don't worry about it---just disclose your true travel history on the application to the best of your ability whether your passport has been stamped or not.

 

20 minutes ago, jhhss said:

Given the info above, and based on the document checklist, it looks like I don't have to submit anything else other than the copy of the green card.... Am I tripping?

Yes, if you are filing under the 5-year eligibility rule.

[mushroomspore 3,044]

@jhhss What I'm trying to say is that you could have filed N400 in 2015 (3 years after you received your first GC). Yes you have been a resident for 5 years total. The 3 year rule is for the group of people who are still married to the original US citizen who petitioned for permanent residency. You are in this category. The 5 year rule is for people petitoned through employment and non-spousal processes. You got your GC through your spouse and are still married to him. If it were me, I'd check (b).

 

It's a technicality. It doesn't really matter at this point though.

Edited July 11, 2018 by mushroomspore

[Going through 5,671]

4 minutes ago, mushroomspore said:

The 5 year rule is for people petitoned through employment and non-spousal processes.

Can you share where you found this info?  I've never seen that in writing by USCIS.

 

The 5 year rule is also for people originally petitioned through marriage---just that the marital status is irrelevant in terms of an approval/denial after 5 years of residency.

Edited July 11, 2018 by Going through

[jhhss 4]

5 minutes ago, Going through said:

It's more streamlined (and less evidence needed) if you apply under the 5-year eligibility rule.  

 

There is no requirement for you to be employed when applying for the N400 under the 3 or 5 year rule.  Again, if you apply under the 5-year residency rule, your marital status is irrelevant to your application so no marriage docs are required with your application.

 

The online application holds/saves your entered info for roughly 30 days.  You don't have to finish it all at once. Some have reported glitches when uploading documents over more than one sitting, though.

 

That's entirely up to you.  Just note that any travel between filing date and interview date will need to be disclosed to the IO at your interview so your travel history can be updated in your application.

 

USCIS prefers the tax transcripts, which are generally just a few pages in length per year.  Easier to upload for you too since it's not as huge a document in the end.

 

My foreign passports haven't been stamped in over 20 years and I travel quite frequently on it.  Don't worry about it---just disclose your true travel history on the application to the best of your ability whether your passport has been stamped or not.

 

Yes, if you are filing under the 5-year eligibility rule.

Dude, you are THE BEST!!! THANK you for not bulling me 

I'm more at ease now, Thank you thank you!

[mushroomspore 3,044]

1 minute ago, Going through said:

Can you share where you found this info?  I've never seen that in writing by USCIS.

Isn't that the case because the 3-year rule only applies to people who got permanent residency through their spouses and are still married to said spouse?

[jhhss 4]

Just now, mushroomspore said:

Isn't that the case because the 3-year rule only applies to people who got permanent residency through their spouses and are still married to said spouse?

I always understood that as the spouses have kinda "early priority" because is family based.. but again, that is only my interpretation!

 

I was just a dumbass and lazy for not applying two years ago... smh

[Going through 5,671]

5 minutes ago, jhhss said:

Dude, you are THE BEST!!! THANK you for not bulling me 

I'm more at ease now, Thank you thank you!

I'm not a dude, but you're welcome lol

[jhhss 4]

1 minute ago, Going through said:

I'm not a dude, but you're welcome lol

My bad  Thank you SO MUCH lololol