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Dan&Ellen

Which Basis For Eligibility?

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I am filing the N400 and I am married to a US citizen (from birth) but I have also lived here for over 5 years. Should I file under married and lived here for 3 years, or lived here for 5 years? I meet all the criteria for filing under both basis but was wondering if one was preferred.

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Filed: Citizen (pnd) Country: Ecuador
Timeline

Under what visa did you enter the country 5 years ago?

 
Spoiler

AOS

10/23/2015: File for AOS, AP and EAD

10/31/2015: NOA1 for AOS, AP and EAD

11/16/2015: Biometrics Appointment Letter received
11/25/2015: Biometrics Appointment
12/16/2015: e-mail about Interview scheduled for 2/10/2016
12/18/2015: Physical Interview Appointment in mail

01/25/2016: EAD & AP cards received in mail

02/10/2016: Interview @ local USCIS

02/11/2016: Approval

02/17/2016: GC received!

09/27/2017: Moved to FL

ROC

01/27/2018: Filed I751

02/05/2018: NOA1 received, GC extended for 1 year

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Filed: Citizen (apr) Country: Taiwan
Timeline

The 5 year rule requires less documentation.  That would be my choice.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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12 minutes ago, Dan&Ellen said:

CR1 Marriage based Greencard Visa. I had a conditional greencard and the conditions were removed after 2 years.

5 year rule is definitely less paperwork.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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On 10/9/2019 at 12:56 PM, Dan&Ellen said:

I meet all the criteria for filing under both basis but was wondering if one was preferred.

Did you travel abroad extensively in the first 2 years enough to draw scrutiny for breaking continuous residence? Or have any arrest record in those years? If not, like others have said, go the 5-year route.

Edited by afrocraft
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Filed: Citizen (apr) Country: Canada
Timeline

I agree with all posters here when they say go the 5 year route. It's less paperwork.

 

 

N400 - Naturalization                                                                                                        U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                  Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                         Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled       Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                        Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

After 8 years of marriage divorced October 4, 2021

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

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