Filing N-400 3 yr rule vs 5yr rule

[AG83 0]

Hey,

 

I have been reading a lot about people filing at either 3 years or at 5 years. This is making me confused, because my wife has been eligible for 7 years now. Do we need to do anything differently when filing?

 

 

Thanks!

[Dee elle 1,368]

6 minutes ago, AG83 said:

Hey,

 

I have been reading a lot about people filing at either 3 years or at 5 years. This is making me confused, because my wife has been eligible for 7 years now. Do we need to do anything differently when filing?

 

 

Thanks!

No  the usual N400 amd all required documentation..

 

those applying under the 3 yr marraige to a USC rule must demonstrate that they remain in the ongoing marraige to the spouse who petitioned for them.. those applying after 5 or more years do so on their own and do not need relationship evidence. 

[marriedtomrg 141]

12 minutes ago, AG83 said:

Hey,

 

I have been reading a lot about people filing at either 3 years or at 5 years. This is making me confused, because my wife has been eligible for 7 years now. Do we need to do anything differently when filing?

 

 

Thanks!

She should apply under the 5 year rule.  It requires far less documentation.

[AG83 0]

Thank you both @Dee elle and @marriedtomrg

[AG83 0]

Is there any particular way the 3 year rule is differentiated from the 5 year rule? How does USCIS know how we are filing? Are they just looking at what was answered in part 1 on the n400?

 

Thanks

[Jojo92122 1,924]

1 minute ago, AG83 said:

Is there any particular way the 3 year rule is differentiated from the 5 year rule? How does USCIS know how we are filing? Are they just looking at what was answered in part 1 on the n400?

 

Thanks

The 3 years rule requires proving a bona-fide marriage.   The 5 years rule does not.  That's the major difference.

 

The applicant picks which path to pursue; that's how USCIS knows.

 

Yes, they really do look at the answer in part 1.  They really care on what basis a person is applying for naturalization.

[AG83 0]

2 minutes ago, Jojo92122 said:

The 3 years rule requires proving a bona-fide marriage.   The 5 years rule does not.  That's the major difference.

 

The applicant picks which path to pursue; that's how USCIS knows.

 

Yes, they really do look at the answer in part 1.  They really care on what basis a person is applying for naturalization.

My question is, how do I declare which path I am taking? Is there anything aside from selecting the option in Part 1?

 

I want to be sure I am not missing anything

[Jojo92122 1,924]

48 minutes ago, AG83 said:

My question is, how do I declare which path I am taking? Is there anything aside from selecting the option in Part 1?

 

I want to be sure I am not missing anything

You declare what path you're taking in Part 1.  That's it.  

 

 

[Rusty72 68]

On 7/26/2018 at 11:10 AM, AG83 said:

My question is, how do I declare which path I am taking? Is there anything aside from selecting the option in Part 1?

 

I want to be sure I am not missing anything

If you file online it will ask how long you have been a resident if 5 years or over it will automatically do the 5 year.

There is no advantage from 3 year or the 5 year except less evidence to submit for the 5 year.

 

 

[pm5k 129]

On 7/27/2018 at 12:09 PM, Rusty72 said:

If you file online it will ask how long you have been a resident if 5 years or over it will automatically do the 5 year.

There is no advantage from 3 year or the 5 year except less evidence to submit for the 5 year.

 

 

I can think of one situation where the 3 year rule is advantageous (please correct me if I am wrong)

 

Person travels a lot during the first few years of marriage (to a USC).  They remain in a bona fide marriage, but just travel a lot as an LPR.  Later, they stop travelling, and are then physically present in the US for last three years, and don't want to wait five years.  They could then apply under the 3 year rule.