N400 Application -> 3 or 5 Year Rule Should be Considered

[ayra 2]

Dear VJ Friends,

This forum has really helped us to pass thru my wife's complicated I-751 case and she finally got her 10 year unconditional GC on last March 2014. Now, it is time to file for her citizenship but I do have some concerns on our application. I really appreciate your feedback what to do. We will also definitely get consultation from an immigration attorney too.

So, here is a short timeline for her journey

-> Wife received her conditional GC on August 2010 based on marriage with me (US citizen)

-> Wife applied for a I-131 travel permit on Sep 2010

-> We moved to overseas due to my job on Jan 2011

-> We received her travel permit at the USA embassy on June June 2011

-> Wife stayed overseas June 2012, her travel permit expired

-> She started to travel back and forth to the states less than 6 months, no problem occured during entries

-> Wife sent her I-751 application for unconditional GC on July 2013

-> We had two RFE's and had a very hard time. But, she finally got her unconditional GC on March 2014

-> Since March 2014, she has been in the states, has a stable job and we file taxes together for the last 5 years (married jointly)

Since April 2013, she has been in the USA for around 610 days. I believe 610 days is enough to apply based on 3 year rule. She meets the 18 months physical presence, however I am concerned that again when she goes to the citizenship interview, Immigration officer can give her a hard time and start to ask many evidence about our marriage. We extremely had tough time when we had two RFEs and I am concern that it will kill us even if we face with a similar process. I heard that based on 5 year rule, even if you are married, officers do not tend to push hard about marriage related questions and do not ask many evidences like based on 3 year applications.

What do you think , should we wait another 11 months not to risk anything and she can apply thru 5 year rule ?

[Tarik 10]

Dear VJ Friends,

This forum has really helped us to pass thru my wife's complicated I-751 case and she finally got her 10 year unconditional GC on last March 2014. Now, it is time to file for her citizenship but I do have some concerns on our application. I really appreciate your feedback what to do. We will also definitely get consultation from an immigration attorney too.

So, here is a short timeline for her journey

-> Wife received her conditional GC on August 2010 based on marriage with me (US citizen)

-> Wife applied for a I-131 travel permit on Sep 2010

-> We moved to overseas due to my job on Jan 2011

-> We received her travel permit at the USA embassy on June June 2011

-> Wife stayed overseas June 2012, her travel permit expired

-> She started to travel back and forth to the states less than 6 months, no problem occured during entries

-> Wife sent her I-751 application for unconditional GC on July 2013

-> We had two RFE's and had a very hard time. But, she finally got her unconditional GC on March 2014

-> Since March 2014, she has been in the states, has a stable job and we file taxes together for the last 5 years (married jointly)

Since April 2013, she has been in the USA for around 610 days. I believe 610 days is enough to apply based on 3 year rule. She meets the 18 months physical presence, however I am concerned that again when she goes to the citizenship interview, Immigration officer can give her a hard time and start to ask many evidence about our marriage. We extremely had tough time when we had two RFEs and I am concern that it will kill us even if we face with a similar process. I heard that based on 5 year rule, even if you are married, officers do not tend to push hard about marriage related questions and do not ask many evidences like based on 3 year applications.

What do you think , should we wait another 11 months not to risk anything and she can apply thru 5 year rule ?

Unless she is in a harry to get the citizenship, I'd wait and apply based on the 5 year rule.. It's un easier process and she won't have to submit as much paperwork and prove of your relationship like you did when she got her green card.

Edited March 10, 2015 by Tarik