N-400: Easier based on marriage or 5-year residency?

[BKo 0]

Hi Guys,

This forum is great; I'm getting better information than from an attorney. I'm wondering if anyone could help me with this issue: I've been residing in the US for 11 years, I am also married to a US citizen for 10 years. My questions are:

1. Is it easier to file the N-400 naturalization form based on 5-year residence, or based on marriage? Will the processing be faster if they don't need to verify my husband's information and all the marital stuff?

2. Do I need to file tax returns if I file based on the 5-year residence?

Thanks for any comments!

[JimmyHou 610]

Hi Guys,

This forum is great; I'm getting better information than from an attorney. I'm wondering if anyone could help me with this issue: I've been residing in the US for 11 years, I am also married to a US citizen for 10 years. My questions are:

1. Is it easier to file the N-400 naturalization form based on 5-year residence, or based on marriage? Will the processing be faster if they don't need to verify my husband's information and all the marital stuff?

2. Do I need to file tax returns if I file based on the 5-year residence?

Thanks for any comments!

The process is easier, but not faster.

Filing based on five years of permanent residency means that you don't have to provide as many forms.

You still have to file taxes, of course, but I think you meant to ask if you had to provide copies with your application and the answer is no you don't.

The only reason you shouldn't apply under the five year rule is if you broke your continuous residency and don't have enough days in country over the last five years but you do inter the three year rule. For all other cases that I can think of the five year rule is simpler.

Just note that recently there have been a few cases of USCIS asking questions about the marriages of people applying under the five year rule if they got their green card through marriage. This isn't common but it happens.

[BKo 0]

Thanks Jimmy!

Yes I meant do I provide copies of my tax returns to USCIS.

I did get my green card through marriage though. Do they see a problem with that if I choose the 5 year residency route?

[JimmyHou 610]

Thanks Jimmy!

Yes I meant do I provide copies of my tax returns to USCIS.

I did get my green card through marriage though. Do they see a problem with that if I choose the 5 year residency route?

Nope. That's the best choice unless you spent a lot of time out of the country 4 and 6 years ago. Edited March 3, 2015 by JimmyHou