Married to USC-can I do 5 years instead of 3

[Katinka 0]

Please, need ur guys advice.. I am currently married to USC, the person I got my green card from. Question: can I file n400 based on 5 years residency (not on 3) cause I am not eligible for 3 years due to physical absence? I have GC since 2008 but I was out of the country a lot recently so 3 years won' work. Please help...

[Harsh_77 718]

yes you can.

[Katinka 0]

May it cause any suspicion or denial of my case? Could they tell me like u need to wait 2 more years and then apply based on 3 years rule? Sorry for all my questions, I am really stressed over it

[newlyweds2010 208]

There is no requirement to file after 3 years just because you can. Once you meet the requirements, you can file at any time. or never.

[ceadsearc 516]

You can file whenever you feel like, but no sooner than 3 years. You can wait 5 years or 20 years if you feel like it - no suspicions.

[Katinka 0]

Ithank you guys! But the question is Are they going to check my physical presence during 5 or 3 years precedind the filing. That's what bothers me most because I had all my trips abroad recently so I am only eligible for 5 years rule, not 3. If they count my absence for last 3 years, I will be screwed. Please, some advice..

[ceadsearc 516]

You have to have been in the US for 30 months out of the past 5 years.

You can't have had any absences over a year. You can't have has any absences over 6 months unless you can prove you didn't disrupt your residency.

If you did, you start counting from your return to the US after said trips.

[DCINDC 0]

FWIW I've been married to USC for over 11 years with 9 years on my GC and I'm only filing now. If you're filing based on 5 years you get to not send additional paperwork (so I learnt on this forum)

[mamaSue 38]

I've had my GC for 5 years, and married to a USC....I've filed on 5 years residency....A lot less paperwork!

I've got a friend in Texas who's been here over 30 years on a GC, and is just filing now.

[Dave&Roza 748]

Please, need ur guys advice.. I am currently married to USC, the person I got my green card from. Question: can I file n400 based on 5 years residency (not on 3) cause I am not eligible for 3 years due to physical absence? I have GC since 2008 but I was out of the country a lot recently so 3 years won' work. Please help...

Go here and on page 5 there is a worksheet to determine if you are eligible.

Good luck,

Dave

[Katinka 0]

I've had my GC for 5 years, and married to a USC....I've filed on 5 years residency....A lot less paperwork!

I've got a friend in Texas who's been here over 30 years on a GC, and is just filing now.

Did you go thru the interview yet?

[Cloudy9 11]

Ithank you guys! But the question is Are they going to check my physical presence during 5 or 3 years precedind the filing. That's what bothers me most because I had all my trips abroad recently so I am only eligible for 5 years rule, not 3. If they count my absence for last 3 years, I will be screwed. Please, some advice..

Ive had my green card for 9 years and just in April filed under the 5 year rule. They state in the intewview letter I got that they will want you to bring all passports current and expired to check travel over the past 5 years, my interviews on Aug 13th. Like someone else here said do the test and see if you qualify with all the time you've spent outside the US in the past 2.5 years. You might want to wait til you have that 30 months of continuous residency before you file.

[wellmux 3]

since u was outside of United States , they would surely ask you if you filed taxes?

Edited July 20, 2012 by wellmux

[warlord 73]

Yes they will check all your out of country trip instances, and see how long you were out for, what the nature of your time away was for to see if either a) you have reset your residency clock and or b) abandoned your Green Card...

[NickD 203]

An act of congress in 1927 ruled an immigrant married to a US citizen would be a far superior US citizen, so adopted the three year marriage privilege. And its just that, a privilege, not a requirement.

Years later, the INS was changed to the USCIS demanding tons of proof you are married, were free to marry, living together, paying taxes and bills together, buying joint property together, but only legal stuff, haven't figured out a way that both of you jointly purchased a new ten buck toaster, and indeed that US citizen is a US citizen.

So this documentation can be burdensome and is the key reason for RFE's with further delays.

Residency requirements is an entirely a different issue. Not only how long you were gone, but the reason why, be prepared to answer this. One good reason is getting work, have a son and a niece with these issues. Have college loans to pay off, and the odds of getting a job with over 2,000 applicants is minimal. And you sure can't pay off these loans working for Walmart. So they had to leave. Maybe that was your situation.