"Naturalization on the Basis of Marriage to a US Citizen"

[meadowzephyr 26]

Hello! We are just starting the process to obtain US citizenship for my husband. He came to the US on a K1 visa in April of 2012 and obtained his Conditional Permanent Residency in April of 2013. Obviously, more than five years have passed. If we apply for his citizenship now, will it still be on the basis of marriage to a US citizen? Or will it just be on the basis of five years as a legal permanent resident. There are different requirements for the two, so I want to make sure I don't omit anything I need to send. Thank you in advance for your help!

[Crazy Cat 41,837]

I would choose citizenship based on 5 years as a legal resident. Less evidence needed.....

[Lil bear 4,189]

18 minutes ago, meadowzephyr said:

Hello! We are just starting the process to obtain US citizenship for my husband. He came to the US on a K1 visa in April of 2012 and obtained his Conditional Permanent Residency in April of 2013. Obviously, more than five years have passed. If we apply for his citizenship now, will it still be on the basis of marriage to a US citizen? Or will it just be on the basis of five years as a legal permanent resident. There are different requirements for the two, so I want to make sure I don't omit anything I need to send. Thank you in advance for your help!

It will be on meeting the 5 year LPR requirement. It will not require evidence of the ongoing relationship 

[RalphT 13]

I would suggest applying based on 5 years LPR, just like the prior comment, less evidence to submit.

[meadowzephyr 26]

Thank you @RalphT and @Lil bear for your help!

[dilip 187]

37 minutes ago, meadowzephyr said:

Thank you @RalphT and @Lil bear for your help!

With 5 years rule as others said, no need to submit relationship related financial papers, but be prepare to take during interview.

[afrocraft 313]

Choosing between 3- and 5-year rule depends on his circumstances and which option gives him the greater chance of meeting the eligibility requirements for citizenship -- especially as it relates to the first two years of his permanent residency. Generally, applying under the 5-year rule is preferable,  as others have stated, but suppose he traveled abroad a lot during those first two years (and is at risk of breaking continuity of residence then) or committed crimes/infractions during those years, you might want to opt for the 3-year rule.

Edited August 12, 2019 by afrocraft

[meadowzephyr 26]

Thank you @afrocraft I appreciate your input. Why is the three year rule an advantage if he traveled a lot?

[afrocraft 313]

27 minutes ago, meadowzephyr said:

Thank you @afrocraft I appreciate your input. Why is the three year rule an advantage if he traveled a lot?

If he traveled a lot in the first two years, as many do while making the transition to life in the US, he stands at risk of breaking continuity of residence, one of the requirements for citizenship. So you want USCIS to focus on the most recent 3 years, not the entire 5-year period. You break continuity of residence when you've been overseas for longer than 6 months at a time, or if you travel so often that it appears your actual residence is more outside the US than it is in the US.

Edited August 18, 2019 by afrocraft