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Benjamin44

Applying for N-400- under spouse rule or not?

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Filed: Timeline

Hi all,

Just a quick rundown- pretty simple: I moved to the United States on an IR-1 visa just over 5 years ago. I received the visa/greencard through marriage to a US citizen- she petitioned for me.

I am still married to and living with the same US Citizen, and I am now considering applying for citizenship. I know I could have applied 2 years ago under the spouse 3-year rule, I just never got around to it. The question is- when I apply now, am I considered to be applying by way of marriage to a US citizen, or not? On the one hand, my entire presence here in the US- and my greencard status- is based on the fact that I am married to a US citizen. On the other hand, since I have already been here 5 years and not only 3, maybe this means I don't need that rule? That would be much better, since I wouldn't need to bother with all the extra documents and paperwork that one needs to send in if applying under the spouse rule.

Thanks everyone!

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This exact topic was recently discussed:

http://www.visajourney.com/forums/topic/608063-citizenship-through-us-spouse-or-not/

You can file under whichever you'd prefer :)


Married: 5-July-2015
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
NOA2 Hard Copy Received: 06-October-2016
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS and IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017

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