Which Way to Go When you Qualify for Both?

[Leney 0]

Gosh it's been so long since I posted here. My hubby will have been in the US for 5 years at the end of May (landed May 27, 2007) status adjusted 9/29/07 (10 year green card). We've been married since June 2005.

We are looking over the naturalization forms and trying to figure out which is the best way to go. Does it matter?

And for our son (10 years old and non US citizen but 10 year green card too) do we have to file papers for him as well, or will he be able to become a citizen when my husband becomes a citizen?

Thanks for your time (and sorry if these questions are answered elsewhere and I just missed them).

[I AM NOT THAT GUY 5,715]

Gosh it's been so long since I posted here. My hubby will have been in the US for 5 years at the end of May (landed May 27, 2007) status adjusted 9/29/07 (10 year green card). We've been married since June 2005.

We are looking over the naturalization forms and trying to figure out which is the best way to go. Does it matter?

And for our son (10 years old and non US citizen but 10 year green card too) do we have to file papers for him as well, or will he be able to become a citizen when my husband becomes a citizen?

Thanks for your time (and sorry if these questions are answered elsewhere and I just missed them).

It is always easier to apply as a five year permanent resident than as a three year spouse of a USC.

[I AM NOT THAT GUY 5,715]

Your son will become a citizen when your husband does. Get a US Passport for both of them, as soon as your husband takes his oath and receives his Naturalization Certificate.

[Cloudy9 11]

It is always easier to apply as a five year permanent resident than as a three year spouse of a USC.

I agree with this member. I'm applying as 5 year, less paperwork to file. =)

[pepper 34]

It might be a case by case basis. I applied on my 3rd yr as PR and it was very easy. Did not send that much paperwork with my packet too. Much easier than AOS & ROC. My N400 process took 3months!

[sasaqlain 24]

As mentioned earlier, I would suggest go with 5 years. Its less paperwork and easier.

Good Luck!

Edited May 5, 2012 by PathaN

[ConcordUser 18]

5 Years easy and your son will become usc as soon as your husband takes the oath. Good luck with the process.

[nwctzn 55]

I would suggest to go with the 5 year application. Fewer documents needed and fewer questions asked during the interview.

Your son will automatically become a US citizen. As soon as you get your certificate of naturalization, apply for both a US passport book and also for a US passport card for your son. The passport card costs only an additional $30 and is a good back-up document for your son in case the passport book is lost.

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Edited May 5, 2012 by nwctzn

[Gary and Alla 3,694]

Your son will become a citizen when your husband does. Get a US Passport for both of them, as soon as your husband takes his oath and receives his Naturalization Certificate.

Correct, we just did this.

The amount of scrutiny for becoming a citizen after 5 years is less than for after 3 years. I am not sure I would say it is more difficult, but they will look over your evidence of marriage again, etc. We id it the 3 year route. Not a big deal. I would not wait 2 additional years to avoid the scrutiny.

[Leney 0]

Thanks so much to all of you You have been a great help!

[Jenn! 918]

I remember you...welcome back! Good luck on your process.

My husband filed under the 5 year rule a couple of months ago. We just never got around to doing it until now.

[NickD 202]

If you have been an LPR for five years, you apply for the five year, period. The three year is a marriage privilege because in 1927 congress passed a law, you would be a better US citizen if you are married to one.

Any offspring of yours, immigrated with you, will automatically become a US citizen if under the age of 18, and under the age of 18 means under 18. USCIS is very nebulous on this precise date, maybe you found it, I couldn't. Is that the day you can earliest apply or is that the day of your oath ceremony? I believe its the latter.

But that automatically becomes a US citizen is without any form of proof that child is now a US citizen. You have to pay extra to get that proof. With the passport and child under 16, would require additional permission from the biological parent to get a US passport, even though you already did that to get their green card. Normally not asked again for the N-600, but that is 600 bucks and an additional six month wait.

If you went through the removal of conditions stage, they don't ask anything about those kids, just their name, age, and an extra 80 bucks for biometrics. Not so with US citizenship.

Someone came up with these rules, if you question the USCIS on these laws in the most polite and tactful way, they reply, congress made these laws. If you ask your congressman about these laws, they reply, who is the USCIS? You can only reply, its only one of the 1,525 government agencies you generated in the last 40 years.