Citizenship through US spouse or not?

[e-migra 4]

Hi!

I got my greencard through marriage with an American citizen (I’m still married to the same person). I’ve been in the US for 7 years now. I want to apply for citizenship, but if I do it as a spouse of an American I’ll have to send a ton of extra documents to proof that we are still married, tax documents, copies of marriage license and kids’ birth certificates, etc.

Can I apply as a legal permanent resident that has lived in the US for more than 5 years instead? This would be much easier.

Thanks!

[teeak 224]

Yes, you can.

[Cheezees 1,514]

Yes, you can. But could you tell me where I can confirm this: " I’ll have to send a ton of extra documents to proof that we are still married, tax documents, copies of marriage license and kids’ birth certificates, etc.".?

Thanks and good luck!

[aleful 1,905]

hi

yes, you only go by the 3 year rule if the GC holder has less than 5 years of having it

no need to prove bona fide marriage

[NH Man 1]

You are good to go!! No need to provide tons of documents.

[Stevephoto 224]

Yes, you can. But could you tell me where I can confirm this: " I’ll have to send a ton of extra documents to proof that we are still married, tax documents, copies of marriage license and kids’ birth certificates, etc.".?

Thanks and good luck!

Maybe not a "ton," but joint taxes, marriage certificate, etc...sounds to me like it is a mini-version of ROC

[Cheezees 1,514]

Maybe not a "ton," but joint taxes, marriage certificate, etc...sounds to me like it is a mini-version of ROC

Oh it is. But I dont know where people are getting the info that the evidence for 3 years is any different from that of 5 years. It's not in the instructions or the form itself.

[Stevephoto 224]

Oh it is. But I dont know where people are getting the info that the evidence for 3 years is any different from that of 5 years. It's not in the instructions or the form itself.

Hehe!

Could this be where the confusion is coming from?

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following four items:

1. Evidence that your spouse has been a U.S. citizen for the last three years: Birth certificate (if your spouse never lost citizenship since birth), or Naturalization certificate, or Certificate of Citizenship, or The inside of the front cover and signature page of your spouse's current U.S. passport, or Form FS-240, 'Report of Birth Abroad of a Citizen of the United States of America', and

2. Your current marriage certificate; and

3. Proof of termination of all prior marriages of your spouse-divorce decree(s), annulment(s), or death certificate(s); and

4. Documents referring to you and your spouse:

Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or An IRS tax return transcript for the last three years.

[aleful 1,905]

hi

it's not a confusion, not only here there are dozens of examples, but in other forums, it happens all the time

if you apply for citizenship based on the 3 year rule, they ask for bona fide marriage at the interview, the person is required to prove bona fide marriage, just like the first time and ROC, the will ask for co mingling of finances and ask questions about marriage at the interview

so yes, it is more of a hassle bringing all that evidence of bona fide marriage to a citizenship interview

but if you apply based on the 5 year rule, you aren't apply based on marriage to a USC, but on your own, you only need to send a minimum of paperwork compared to the 3 year rule

[e-migra 4]

Thanks!! I have two small kids, I'm recovering from surgery and have a super busy life, if I can save time and avoid stress collecting extra documents I'll take it !

[Cheezees 1,514]

hi

it's not a confusion, not only here there are dozens of examples, but in other forums, it happens all the time

if you apply for citizenship based on the 3 year rule, they ask for bona fide marriage at the interview, the person is required to prove bona fide marriage, just like the first time and ROC, the will ask for co mingling of finances and ask questions about marriage at the interview

so yes, it is more of a hassle bringing all that evidence of bona fide marriage to a citizenship interview

but if you apply based on the 5 year rule, you aren't apply based on marriage to a USC, but on your own, you only need to send a minimum of paperwork compared to the 3 year rule

Yes, like aleful said, there is no confusion on the initial evidence list. That list is common to the 3 and 5 year filers. What seems unclear is the need to provide extra evidence in the case of 3 years. I hear (but see no documentation) that for 3 years you should submit more than 5 years. I have never seen a scan or read an account of an interview letter stating what you should bring to a 3-yr vs a 5-yr applicant interview.

So when I hear that for 3 years you should submit more than the instructions state (particularly that you must submit evidence listed under option 4a), I wonder why. Is someone who provides solely what the instructions state and are applying under the 3-yr rule going to be denied at the interview for lack of ROC evidence (bank statements, joint cars, joint home, health insurance, etc.)?

So below, why is 4c not applicable to 3-yr applicants? Is it just word of mouth? I'm fine if it is word of mouth but no one can confirm in writing that this the official USCIS policy.

4. Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children, OR

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, OR

c. An IRS tax return transcript for the last three years.

Edited August 30, 2016 by Cheezees