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Abrahamm

Applying for Citizenship (For 5 years Rule while still married)

By Abrahamm in US Citizenship General Discussion

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Abrahamm Newbie

Abrahamm   2

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Hi everyone, 

 

Here's a summary of my case. I went for naturalization interview back in November 2023 based on the 3 year rule (while my I-751 was pending). The IO denied my N400 because at the time my wife and I was going through an informal separation to work on our marriage for cpl of months prior the appointment and couldn't assist to the interview with me.  The IO told me would schedule another interview for the i751 (which was still pending) and that interview was on May 2024 which was approved the same day without any issues. We've been married since oct 2019 and this year would be my 5th since I got the first GC. 

 

Can I reapply for my citizenship based on the 5 year rule (eligible on July 2024) even though my wife and I are still married? or should I do it again based on the 3 yr rule?

 

Please if anyone has any info about a similar case/experience let me know. Would be a great help! Thanks in advance.

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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Apply on the 5 year

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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6 minutes ago, Abrahamm said:

Hi everyone, 

 

Here's a summary of my case. I went for naturalization interview back in November 2023 based on the 3 year rule (while my I-751 was pending). The IO denied my N400 because at the time my wife and I was going through an informal separation to work on our marriage for cpl of months prior the appointment and couldn't assist to the interview with me.  The IO told me would schedule another interview for the i751 (which was still pending) and that interview was on May 2024 which was approved the same day without any issues. We've been married since oct 2019 and this year would be my 5th since I got the first GC. 

 

Can I reapply for my citizenship based on the 5 year rule (eligible on July 2024) even though my wife and I are still married? or should I do it again based on the 3 yr rule?

 

Please if anyone has any info about a similar case/experience let me know. Would be a great help! Thanks in advance.

You mentioned that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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Loads of people

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Laure&Colin Proficient

Laure&Colin   557

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Filed: Citizen (apr) Country: France
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Lots of people are in no rush to apply and file after 5+ years while still married to the same US citizen. I did it this year, you can check my signature for details.

CR1 Visa

USCIS STAGE: 16 days No expedite request but USC residing abroad
NVC STAGE: 19 days from case # to case complete
03/27/12: interview at Paris embassy - APPROVED
04/12/12: POE San Diego

ROC
01/15/14: sent I-751 application

05/14/14: received card production notification by e-mail, approval date 05/13

Naturalization

02/01/24: N-400 submitted online; Biometrics reuse notice received immediately online; "case being actively reviewed" after a couple hours

02/09/24: received NOA1 by mail

02/10/24: received biometrics reuse notice by mail

04/08/24: interview scheduled for 05/14. Received "We have taken an action in your case" email.

05/14/24: approved at interview, same-day oath ceremony in San Francisco 🥳 🇺🇸

 

Passport

06/10/24: application submitted at post office for passport book and card, paid for expedited processing and shipping

06/24/24: received email notification that passport was approved, then shipped with tracking number

06/25/24: passport received

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
18 hours ago, Abrahamm said:

if I'm allowed to file on 5yr rule even though wer're not divorced.

Yes, Absolutely.  Filing under the 5 year rule requires much less paperwork and evidence.  My wife filed under 5 year rule...and we are still married. 

Edited by Crazy Cat

"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)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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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