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Should I check the green card holder for 5+ years OR married for 3+ years box?

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  • Should I check the green card holder for 5+ years OR married for 3+ years box?

    I have been a green card holder for almost 20 years and am married to a US citizen for 3 years (been together for 7 years). We have two kids who were both born in the US.

    Which box should I check on the N-400 form seeing as i meet both criteria?

    Are there pros or cons to checking either.... or does it not matter?

    There are no issues with my application - always filed my taxes, never was out of the country for more than a short vacation, no criminal record etc etc.

    Thank you for any insight that you might have.

  • #2
    5 year eligibility has way less things to submit in terms of documentation. Go with that!

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    • #3
      I would go with the 5 years as you have no life issues that make the 3 year rules more advantageous.
      JMHO.

      I am not a lawyer and this is not legal advice.

      Comment


      • #4
        Originally posted by Boston2019 View Post
        I have been a green card holder for almost 20 years and am married to a US citizen for 3 years (been together for 7 years). We have two kids who were both born in the US.

        Which box should I check on the N-400 form seeing as i meet both criteria?

        Are there pros or cons to checking either.... or does it not matter?

        There are no issues with my application - always filed my taxes, never was out of the country for more than a short vacation, no criminal record etc etc.

        Thank you for any insight that you might have.
        You go with 5 years because the basis of your GC is not through marriage to a USC to whom you are still married.

        You only check the 3 year box if your spouse sponsored you AND you are still married to that same spouse who sponsored you. Everyone else checks the 5 year rule.

        it's not because it's "easier", it's because that is the requirement for your situation.
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        • #5
          Originally posted by ember View Post
          You go with 5 years because the basis of your GC is not through marriage to a USC to whom you are still married.

          You only check the 3 year box if your spouse sponsored you AND you are still married to that same spouse who sponsored you. Everyone else checks the 5 year rule.

          it's not because it's "easier", it's because that is the requirement for your situation.
          That is not true. You qualify for naturalization under the 3-year rule if you have been a permanent resident for 3 years and you have been married to a US citizen (who has been a citizen for 3 years) for 3 years. This is true no matter what category you immigrated on. Whether you were petitioned by your spouse or some other relative or employer or something else makes no difference.

          The OP qualifies for naturalization under both the 5-year and 3-year rules. He/she should apply under the 5-year rule because it is easier, not because he/she can't apply under the 3-year rule.

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

          Comment

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