Naturalization requirements

[Family 3,988]

7 hours ago, ros88 said:

I am a permanent resident since 2015 but I am married to an American citizen since 2020.

my question is this:

in 2023 can I apply for Naturalization as a spouse of a US citizen?

or I am forced to apply as a permanent resident since 2015?

asking this because since 2015 I have been a lot overseas for work but since 2020 I have been always in the states.

so it will be more easy for me.

Can I do that as a spouse of a US citizen?

Yes you can choose to apply under the 3 year rule, as can anyone who sees an advantage to the shorter 18 month statutory period. 

[OldUser 6,635]

@Scandi I would agree with you. Even if the OP applies under 3 year, it's likely they're gonna review 5 years of travel history

[Chancy 6,241]

4 hours ago, ros88 said:

Yes there is benefits for me.

If applying under the 3 years route the requirement is 18 months physically in the US in the last 3 years while with the 5 years path is 30 months.

 

Was your spouse living with you the whole time?  If you file under the 3-year rule, you have to provide evidence of 36 months of continuous marital union immediately preceding the N-400 filing, or convince the IO that any long-term period of separation within the preceding 36 months was beyond your control.

 

[ros88 12]

1 hour ago, Chancy said:

 

Was your spouse living with you the whole time?  If you file under the 3-year rule, you have to provide evidence of 36 months of continuous marital union immediately preceding the N-400 filing, or convince the IO that any long-term period of separation within the preceding 36 months was beyond your control.

 

We have always lived together even when we got divorced.

[ros88 12]

5 hours ago, Rocio0010 said:

Did you have to file for ROC? Your timeline is incomplete… 

you got your green card in 2015. Then that means that sometime in 2017 you should have filed for ROC, but you also said you divorced in 2017… please clarify

Yes and I got my order 10 years GC in 2018

[ros88 12]

3 hours ago, Family said:

Yes you can choose to apply under the 3 year rule, as can anyone who sees an advantage to the shorter 18 month statutory period. 

Can I?

And they are going to review only the last 3 years correct?

[Family 3,988]

6 minutes ago, ros88 said:

3 hours ago, Family said:

you can choose to apply under the 3 year rule, as can anyone who sees an advantage to the shorter 18 month statutory period. 

Can I?

And they are going to review only the last 3 years correct?

Yes. They will review only 3 years for the three qualifiers: residence / physical presence/ marital union .

You should prepare solid proof for those 3 years 

[Family 3,988]

38 minutes ago, ros88 said:

We have always lived together even when we got divorced.

You are divorced!??? 
Sorry I missed that bit. You can ONLY file under 5 year rule 

[Rocio0010 5,579]

1 hour ago, ros88 said:

Yes and I got my order 10 years GC in 2018

But did you file for ROC With a divorce waiver?

[da95826 387]

1 hour ago, ros88 said:

We have always lived together even when we got divorced.

You must be legally married and living with your spouse for the past 3 years if not currently legally married to a US citizen the 5 year rule is the only option for you.

Edited October 9, 2022 by da95826

[Mobius1 175]

Divorce but still living together = not legally married to the USC. 

 

You are not eligible under 3  year rule. They are VERY strict about it. I have heard of people's cases (3 year rule) denied just because they are not living together more frequently as one had to travel a lot due to work. Some what similar to your situation. Another inconvenience of 3 year rule is you have to re-prove your marriage 2/3 the intensity of i751. For most, however, that's not an issue.

[Rocio0010 5,579]

The timeline is somehow off to me. OP said they were approved for the conditional green card in 2015, filed for divorce in 2017, got PR card in 2018. OP hasn’t mentioned that they’ve filed the 751 with a divorce waiver -or did I miss something? 
If you didn’t file the 751 with a divorce waiver, and got approved, I’m afraid there is a bigger issue than the 3/5 year rule for N400. But maybe I’m missing something?

[Chancy 6,241]

1 hour ago, ros88 said:

We have always lived together even when we got divorced.

 

You do not qualify to file under the 3-year rule.  To file under the 3-year rule, you must meet ALL the requirements related to marriage that I listed above, including 36 months of continuous marital union immediately prior to filing N-400.  If you were divorced or you were living separately in different countries, then you were not living in marital union.

 

[OldUser 6,635]

51 minutes ago, Rocio0010 said:

If you didn’t file the 751 with a divorce waiver, and got approved, I’m afraid there is a bigger issue than the 3/5 year rule for N400. But maybe I’m missing something?

100% agree here. The question is not just whether OP applies under 3 or 5 year rule. The two red flags are extended periods of time outside of the US and I-751 joint petiton approval when divorce already took place. I would not be trying to naturalize under 3 year rule in this case, and even consult with immigration attorney whether applying for N-400 is a good option. The OP's LPR status may become questionable during the process.

[ros88 12]

1 hour ago, Rocio0010 said:

But did you file for ROC With a divorce waiver?

Yes.

we got married in2015,divorced in 2017 remarried in 2020.

Always lived together even when we got divorced