N400 Application under 3 year rule, despite qualifying to apply under 5 year rule

[SP&SM 3]

Finally got around to submitting the N400 this week, after dragging my feet over it for the last two years.

 

Ive been a LPR since 01/24/2019, which puts me in the 90 day window of the 5 year rule. But I inadvertently submitted the application on 4th Jan 2024 under the 3 year rule married to a US citizen, and went through the trouble of getting all the documentation uploaded. Turns out I could have saved myself the trouble if I had just picked the right option.

 

But now that the application is submitted, is there a formal way to reclassify yourself for the 5 year rule while the application is still being processed? I'd rather the final part of this process be as hassle free (relative as that can be) as I can make it, and looks like that should make the interview and the review process more straightforward.

 

Anyone with similar experience on this have any anecdotal knowledge on if and how I can make that change, short of redoing the entire application, which seems counter-intuitive at best?

 

P.S: Im a lurker mostly, so if this breaks community posting rules, please let me know and I will repost under the right forum rules.

[OldUser 6,955]

AFAIK, you can request to convert it to 5 year rule application before your N-400 interview begins. You can bring forms with extra information about travel within 5 years etc.

[Family 4,060]

If simplicity /hassle free is your goal , then leaving as is under 3 year is recommended . 
 

They rarely ( if ever) ask to see any joint life docs at interview..and as you have already uploaded , they will remain part of the file anyway .

 

The “switch “ from 5 to 3 , for example is worth if you want to force them to exclude a 4 year old criminal conviction and limit the GMC timeline.

Or 3 to 5 if a divorce sneaks up on you while app is pending .

 

Again, no advantage in your case . But if you insist , then Wi rite up a request to amend application, cite page, part and item no , add the 

updated page of N-400 ) make sure same revision date)…upload it and send copies by mail as Supplemental Filing ..then be ready to answer a couple of curiosity questions at interview as to Why you made request ..

[SP&SM 3]

Thank you both for the advice!

 

Yeah, simplicity is definitely the goal, so I'm going to leave it as it is and let them adjudge the application as they see fit. Another lesson I've learnt on reading through the forum for anecdotal evidence and learning from others experience, could have saved myself several hours of work in putting together the evidence list requested.

[OldUser 6,955]

10 hours ago, SP&SM said:

Thank you both for the advice!

 

Yeah, simplicity is definitely the goal, so I'm going to leave it as it is and let them adjudge the application as they see fit. Another lesson I've learnt on reading through the forum for anecdotal evidence and learning from others experience, could have saved myself several hours of work in putting together the evidence list requested.

make sure to bring updated bonafide marriage evidence and spouse to the N-400 interview !

[SP&SM 3]

All prevailing evidence suggests that the spouse will not be permitted to the N-400 interview (my ROC was completed over 18 months ago in July 2022), and the most they can do is wait in the waiting area. Is that not the case?

[OldUser 6,955]

20 minutes ago, SP&SM said:

All prevailing evidence suggests that the spouse will not be permitted to the N-400 interview (my ROC was completed over 18 months ago in July 2022), and the most they can do is wait in the waiting area. Is that not the case?

Most likely USC would not be allowed to the interview. However, it's a strong indicator that the marriage is doing well. The presence of USC in the waiting area may move the needle towards approval if IO is in doubt. Don't forget, you're applying under 3 year rule. There's still a chance IO may want to talk to USC spouse.