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Eligibility for citizenship

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  • Eligibility for citizenship

    My wife obtained her US lawful permanent resident status via our marriage
    8 years ago. She has maintained this status ever since. In the last 5 years she
    has been physically present in the USA. Soon she is going to apply for
    the US citizenship. It seems her eligibility satisfies requirements described
    in both items A and B of Part 1 of N-400 form.

    A. Have been a lawful permanent resident of the United States for at least 5 years.
    B. Have been a lawful 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 you filed your Form N-400.

    I wonder what eligibility criteria she has to chose?
    Can she chose either of these two?
    It seems that path A is easier since she needs to present fewer documents is she goes with it.
    Is this right?

  • #2
    If she has met the 5 year requirement then her marriage is no longer important.
    I'd suggest applying on that 5 year individual basis so that she doesn't need to drag her husband's baggage along for the ride.
    Also, it gives her the freedom to divorce or become widowed in the meantime.

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