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chbolero

Citizenship Question re. Spouse

By chbolero in US Citizenship General Discussion

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chbolero Rookie

chbolero   4

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Hello,

 

Is it better to apply for citizenship as an individual, or as a spouse of an existing US Citizen (who was British but has had US citizenship for 5 years). Wasn't sure whether you can be penalized if you apply as an individual and they find out you are married, or whether it's faster to obtain citizenship if you apply as a spouse.

 

Many thanks.

Crazy Cat Grand Master

Crazy Cat   41,983

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

If you are eligible, file under the 5 year rule.  There is no penalty for being married to a US citizen.  In addition, there is less paperwork and no bona fide marriage evidence required under the 5 year rule.  There is no difference in speed either way.

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.. 
 

Crazy Cat Grand Master

Crazy Cat   41,983

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 hour ago, chbolero said:

Therefore you think it's easier to apply as a spouse?

The opposite.  Applying as a 5 year Green Card holder is easier.

"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.. 
 

MariaR323 Proficient

MariaR323   199

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted
On 8/1/2024 at 11:24 AM, Crazy Cat said:

The opposite.  Applying as a 5 year Green Card holder is easier.

Hi, if I may ask... If you are still married and it's been way more than 5 years already, wouldn't the "apply under the 5 year rule" automatically be a given? Or is this something you still have to select or choose when you do file the N-400 online?

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 : Visas in hand! :thumbs: 

Aug 2016: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

Crazy Cat Grand Master

Crazy Cat   41,983

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 hours ago, MariaR323 said:

Or is this something you still have to select or choose when you do file the N-400 online?

Unless the online form has changed since 2022, you choose.

"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.. 
 

MariaR323 Proficient

MariaR323   199

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted
7 minutes ago, Crazy Cat said:

Unless the online form has changed since 2022, you choose.

Gotcha, thanks!

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 : Visas in hand! :thumbs: 

Aug 2016: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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