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Over 5 years or spouse of US citizen ?

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Filed: K-1 Visa Country: Peru
Timeline

My spouse could apply either way, having been a US resident for over 5 years or as having been the spouse of a US Citizen for more than 3 years. Is there a difference? Is one method preferred over the other? Perhaps faster? The only difference I see is that it seems like less supporting documentaion is needed to file as having been a US resident for over 5 years. Thanks

USA - PERU

NOA 1 Sept 18, 2003 (CSC)

NOA 2 March 11,2004 (CSC)

Petition rec'd NVC March 18, 2004

Rec'd Packet 3 April 3, 2004

Returned OF-179 to Embassy April 12, 2004

Returned Checklist to Embassy April 15, 2004

Interview date April 27, 2004

Visa approved April 27,2004

Visa Picked up April 29, 2004

Arrived to LA Airport, May 21, 2004

Wedding day : August 14,2004

AOS, EAD, AP: Sent Sept 09, 2004

Received EAD rejection : Sept, 18,2004

Received NOA 1 for AOS and AP : Sept. 22, 2004

Re-sent EAD : Sept 22, 2004

Received NOA 1 for EAD September 28, 2004

Biometrics and Fingerprints : Oct 27, 2004

Received RFE for AP: November 15, 2004

Sent rquested info for AP: November 29, 2004

AP Approved online December 10, 2004

Received AP December 17, 2004

EAD Approved online December 30, 2004

I-485 Permanent Resident approved, August 22, 2005

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

Applying as a souse is only if you're trying to use the 3-year rule.

Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

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Filed: F-2A Visa Country: Russia
Timeline

My spouse could apply either way, having been a US resident for over 5 years or as having been the spouse of a US Citizen for more than 3 years. Is there a difference? Is one method preferred over the other? Perhaps faster? The only difference I see is that it seems like less supporting documentaion is needed to file as having been a US resident for over 5 years. Thanks

No difference as far as faster or slower. Less paperwork with the 5-year application.

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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Filed: Other Timeline

Even if you are married for 50 years to the same spouse, the very day you have been a LPR for 5 years you file based on residency, not marriage.

Do you understand why?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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There is no difference in speed. Even if you check the 3-year box on your N-400, the IO will cross it and check the 5 years instead...

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Filed: Citizen (apr) Country: Colombia
Timeline

A huge amount of paper work with the three year, practically nothing with the five year, plus a lot longer interview to prove your relationship. The advantage of the three year, can tear up that I-864 and the AR-11, and for two years, don't have to walk around with your green card stapled to your forehead. Oh, but my wife got to vote in a local election where 95% of the candidates ran unopposed. They did let me go into the booth with her to help her with one referendum that used three negative sentences that twisted her brain.

Was my main goal to quit having to drive down to Chicago to renew her foreign passport, but that didn't work, still has to maintain it to visit her mom. If both of you had previous marriages, that can really stack up the paper work and I already proved I was a US citizen and we were free to marry so she could get her green card. Have to do all this stuff all over again for the three year. But another advantage of the three year thinking about divorces. You are finally divorcing your relationship with the USCIS!

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Filed: Other Country: Russia
Timeline

I have the same eligibility as well. But my husband is not with me right now, he's working abroad. Would that be a problem? Should I pick 5 years of Permanent Resident instead of through married US citizen?? Anyone know??

http://www.visajourney.com/forums/topic/325360-over-5-years-or-spouse-of-us-citizen/page__view__findpost__p__4854317

QCjgyJZ.jpg

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