Question on Eligibility part of N400 Form

[Dagny]

I have been a permanent resident since 2004 and been married to the same person (US citizen ) since 2003. I am confused which option to choose because both applies to my situation.

PART 1 of ELIGIBILITY namely:


*** Have been a Permanent Resident of the United States for at least 5 years

*** Have been a Permanent Resident of the United States for at least 3 years. In addition, you have been married to and living
with the same U.S. citizen spouse for the last 3 years, and your spouse has been a U.S. citizen for the last 3 years at the time
of filing your Form N-40.

FYI, I have been unemployed since 2004 but my husband and I have a joint tax returns if this helps. Thank you in advance.

[joelelwyn]

N-400 eligibility check

I have been a permanent resident since 2004 and been married to the same person (US citizen ) since 2003. I am confused which option to choose because both applies to my situation.

PART 1 of ELIGIBILITY namely:


*** Have been a Permanent Resident of the United States for at least 5 years

*** Have been a Permanent Resident of the United States for at least 3 years. In addition, you have been married to and living
with the same U.S. citizen spouse for the last 3 years, and your spouse has been a U.S. citizen for the last 3 years at the time
of filing your Form N-40.

FYI, I have been unemployed since 2004 but my husband and I have a joint tax returns if this helps. Thank you in advance.

Hi Dagny,

As per the USCIS, US Citizenship Eligibility are,

You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our Path to Citizenship page for more information.
You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information.
You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. Visit our Citizenship Through Parents page for more information.

It is been advised to check with USCIS Local office to get more information.

Disclaimer:- usimmigration-center.com is a private entity and is not affiliated or approved by any government agency. It does not provide any legal advice.

[Dagny]

Thank you joelelwyn for your reply.

I met both the conditions of the 3 years and 5 years stay. I even did the eligibility calculator on this website. I am also aware of the additional requirements of the 3 years stay like marriage and birth cert, divorce papers, tax returns and mortgage.

I intend to choose the 5 years stay since I am a green card holder for 12 years, been married to the same person (us citizen) for 13 years and met all the requirements. However, my husband wants me to choose the 3 years because it has more " weight".

I read somewhere that the USCIS prefers the 5 years due less paperwork. To all the experts out there, please enlighten me before I submit my N400 application. Thank you again.

Hi Dagny,

As per the USCIS, US Citizenship Eligibility are,

You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our Path to Citizenship page for more information.
You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information.
You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. Visit our Citizenship Through Parents page for more information.

It is been advised to check with USCIS Local office to get more information.

Disclaimer:- usimmigration-center.com is a private entity and is not affiliated or approved by any government agency. It does not provide any legal advice.