N-400 Questions

[norrin 3]

My wife is filing for Naturalization and i'm probably overthinking this but want to make sure. My wife came as a K1. Shes been a PR for 5 yrs. What does she check?

Question 1 Information about eligibility: You are at lease 18 yrs old and:

1. Have been a PR of the U.S. for at least 5 yrs

or

2. Have been a PR of the U.S. for at least 3 yrs In addition you have been married to and living with the same U.S. Citizen spouse for the last 3 yrs ...

Thanks,

The Journey Continues

[aleful 1,905]

hi

5, since she has been a lpr for 5 years, she will file based on 5 years and doesn't have to prove bona fide marriage

[Elf 146]

hi

5, since she has been a lpr for 5 years, she will file based on 5 years and doesn't have to prove bona fide marriage

Yes, unless she meets the continuous residence and physical presence requirements for naturalizing based on three years as the LPR spouse of a USC, but doesn't meet the equivalent requirements for naturalizing based on five years as an LPR.

If she's had multiple long trips out of the US since your marriage it's possible that she could meet the physical presence requirement for filing under the three-year rule (18 months total), but not the physical presence requirement for filing based on five years as an LPR, which is 30 months total.