Which one to choose

[LainMike 0]

Hello guys… so I’m a permanent resident for 8 years and married to my us born citizen husband. Which one should I check? Coz it said u can only chose one..

[USC4SPOUSE 506]

@LainMike I would choose A. Have been a lawful permanent resident of the United States for at least 5 years. 

 

[bsd058 296]

You choose the first one that is applicable to you. That would be A.

[TurtleMoss 17]

Definitely A if you have been a PR for 8 years.

[Marieke H 2,509]

Definitely A. Choosing that option means that you will not have to provide all the evidence of a bona fide marriage again because you are not applying based on the marriage. That makes it a lot easier to compile your package.

[SusieQQQ 11,586]

A (not because it is the “first one applicable”, but) because it is by far the easier option - you do not need to show all the marriage and marital union proof you’d need for B.

[bsd058 296]

10 minutes ago, SusieQQQ said:

A (not because it is the “first one applicable”, but) because it is by far the easier option - you do not need to show all the marriage and marital union proof you’d need for B.

The way I understand it, you choose the first one that is applicable (they did this on purpose). See this flowchart: https://www.uscis.gov/sites/default/files/document/guides/M-480.pdf

 

If you've been a permanent resident for longer than 5 years, option B shouldn't be used, according to the flowchart. I know how it's worded in the application makes it seem like you can choose either/or but the clarification from the flowchart indicates that you must choose the 5-year option. According to the flowchart, you use marriage to a US citizen only if you've been a permanent resident for 3-5 years. Anything longer, you use the 5-year route.

Edited July 7, 2021 by bsd058

[SusieQQQ 11,586]

29 minutes ago, bsd058 said:

The way I understand it, you choose the first one that is applicable (they did this on purpose). See this flowchart: https://www.uscis.gov/sites/default/files/document/guides/M-480.pdf

 

If you've been a permanent resident for longer than 5 years, option B shouldn't be used, according to the flowchart. I know how it's worded in the application makes it seem like you can choose either/or but the clarification from the flowchart indicates that you must choose the 5-year option. According to the flowchart, you use marriage to a US citizen only if you've been a permanent resident for 3-5 years. Anything longer, you use the 5-year route.

You can apply on any basis on which you are eligible. The flowchart is not law, it is a guide (as it says - a worksheet to help you decide), and in my understanding is structured to go from most likely (the core law is 5 years unless you meet an exception) to what the options are if you don’t meet those requirements. 

[Crazy Cat 41,880]

Choose "A" since there will be less paperwork and evidence required.  However, you can choose either. 

Edited July 7, 2021 by Lucky Cat

[bsd058 296]

31 minutes ago, SusieQQQ said:

You can apply on any basis on which you are eligible. The flowchart is not law, it is a guide (as it says - a worksheet to help you decide), and in my understanding is structured to go from most likely (the core law is 5 years unless you meet an exception) to what the options are if you don’t meet those requirements. 

Understood. Okay. Thank you for the clarification.

[Timona 4,207]

File online. You will get receipt immediately as opposed to waiting the current COVID 2-3 month timeframe.

[LainMike 0]

Thank u guys for the replies… what evidences you submitted online?

[SusieQQQ 11,586]

1 hour ago, LainMike said:

Thank u guys for the replies… what evidences you submitted online?

If you file online it tells you what to upload based on how you answer the questions. I did 5 year and was asked for green card, marriage certificate, and birth certificates of kids. The only one of those the interviewer wanted to see was the green card, by the way.

[Daisy.Chain 317]

A