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wereeagle

N400: 3 yrs vs 5 yrs

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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!

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


Removing Conditions

07/31/2010 - Filed for Removal of Conditions (I-751)

08/02/2010 - ROC Packet received

08/03/2010 - NOA notice date for I-751

08/05/2010 - Check cashed

08/07/2010 - NOA received for I-751

08/13/2010 - Biometrics appointment letter received

09/01/2010 - Biometrics taken

09/01/2010 - Case status appears online

11/08/2010 - Card production ordered

11/13/2010 - I-751 Approval Letter received

11/19/2010 - Green Card received in the mail

Citizenship

08/01/2011 - Filed for Citizenship (N-400)

08/03/2011 - N400 Packet received

08/05/2011 - Received email/text confirming application receipt

08/08/2011 - Check cashed

08/09/2011 - Biometrics notice sent

08/12/2011 - NOA received for N400

08/12/2011 - Biometrics appointment letter received

08/29/2011 - Biometrics taken

08/31/2011 - Case Status Notification: Placed in line for interview scheduling

10/11/2011 - Received yellow letter

01/11/2012 - Interview letter sent

01/17/2012 - Interview letter received

02/16/2012 - Interview & received Oath letter

03/06/2012 - Oath ceremony

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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.


N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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