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File under 5 year rule by myself or 3 year rule with spouse?

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  • File under 5 year rule by myself or 3 year rule with spouse?

    Hello,

    I'm ready to file my N-400. I have been a permanent resident more then 10 years. I got my green card through marriage. (We are still happily married.)

    Question: should I file the N-400 under the 5 year resident eligibility or the 3 year resident-marriage eligibility? Is there an advantage/downside? Is one faster than the other?

    I can't seem to find anyone who has asked this question before. Thank you!

  • #2
    My guess is that if you go with the "naturalization on the basis of marriage to a U.S. citizen", then you need to send more documents, including:
    - spouse birth certificate or other document
    - current marriage certificate
    - proof of termination of all prior marriages
    - documents referring to you and your spouse, like tax returns, bank accounts, leases, mortgages, IRS tax return transcript for the last 3 years or other

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    • #3
      Originally posted by halfapie View Post
      Hello,

      I'm ready to file my N-400. I have been a permanent resident more then 10 years. I got my green card through marriage. (We are still happily married.)

      Question: should I file the N-400 under the 5 year resident eligibility or the 3 year resident-marriage eligibility? Is there an advantage/downside? Is one faster than the other?

      I can't seem to find anyone who has asked this question before. Thank you!
      If you qualify under both rules, then go with the 5-year rule; it is simpler.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Please clarify because I'm a little bit confused: If you've been a permanent resident for more than 10 years, and you got your GC through marriage, that implies that you're above the 3-year eligibility criteria. You've had your GC for 10 years, correct?

        Comment


        • #5
          5 years, I did that after 18 years, much easier than having to dig up all those proofs
          Anything I post is personal opinion or information from personal experience. This is not legal advice.

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