N400: 3 yrs vs 5 yrs

[wereeagle 0]

An immigration officer told my friend that, she could have applied N-400 3 years after her PR based on marriage to a US citizen, i.e., she wouldn't have to wait 5 years to get her citizenship even though she got divorced after her PR.

I couldn't believe that it was told by an officer, because the guide clearly says you can apply N-400 3 years after PR if you "are currently married to and living with a U.S. citizen; and Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years."

In my case, I got married in 2003, obtained GC in 2006, then divorced in 2008, am I already eligible to naturalization right now, or I'll have to wait till 2011? The confusing part is that I had been living with a US citizen for >3 years, but only 2 years after getting GC, and not currently living together.

Thanks a lot for your advice!

[Heliosphan 1]

You have to wait the 5 years. You have to be continuously living with the USC spouse to be eligible for the 3 years.

[v333k 59]

The 3 year rule doesn't apply to you since you are not married anymore.

USCIS goes by the date on the GC which indicates since when you became a US resident. That being said, you will have to wait until 90 days prior to your 5th year anniversary to become eligible to apply.

Yes, the officer is wrong.

[wereeagle 0]

Dear all, thanks a lot for the clarification!