N-400 - 3 years or 5 years rule?

[Britizilian 14]

Hi Everyone,

 

Would love your assistance in clarifying something for me

 

At present time, I'm married to a U.S citizen, and have been for 6+ years. I've also been a permanent resident for 5+ years. 

 

I went to the website to apply for Naturalization, and it automatically gave me the option to apply under the 5 years rule. (based on the pre-qualification questions, I assume). When I expanded, i saw that I could also apply under the "3 years of marriage" one.

 

That's all to ask: 

 

• Can I apply using either? (3 years or 5 years?)
• If so, is there a preferred one?
• If not, why one should I go with?
• What documents do I need if I apply under the 5 years rule?
• Is there any difference (being easier or harder) 3 vs 5?

 

THANK YOU SO MUCH IN ADVANCE!

 

 

Edited June 10, 2019 by MannyNeto
Adding extra info

[Just Paul 4,595]

Apply under the 5 year rule.  It is easier.

[WaterLeaf 202]

I'll be interested to know as well.

[EireneFaith 58]

Better apply under 5 year rule. The only documents you will provide are the Income Tax Transcript  from the IRS. It is also more convenient to apply online because as you are filling the form you'll find out what documents you need to provide. You can also apply under 3 year rule but you need to provide more and lots of documents so why go through that route if you can go to easier way.

 

God bless.

[Wuozopo 4,294]

On 6/9/2019 at 10:28 PM, MannyNeto said:

• Can I apply using either? (3 years or 5 years?)
• If so, is there a preferred one?
• If not, why one should I go with?
• What documents do I need if I apply under the 5 years rule?
• Is there any difference (being easier or harder) 3 vs 5?

 

Three years is a perk if you married a US citizen and stayed married to that USC. You have to submit extra documentation showing you're still married, living together, and sharing finances, etc. That's extra work you don't need to do now that you have reached 5 yrs as an LPR. 

 

 

[Boris Farage 353]

Applied under the five year rule, very straightforward. When I looked at what I would be forced to hand over under the three year rule, I decided to wait. I was separated from my American wife at the time I filed and this was barely discussed at the interview. 

[pm5k 129]

Can anyone comment on this situation?

 

LPR married to USC takes frequent trips outside the US for the first few years of marriage (but does not break the continuous presence rule, no trips exceed 6 months).  They then stay in the US for three years.  They may not meet the physical presence requirement of the 5 year rule, but they meet the requirement of the 3 year rule, can they select the 3 year rule in this case?

[Scandi 4,299]

If you have been an LPR for 5 years or more, then you don't have a choice. You file under the 5 year rule. The 3 year rule is for those who are eligible and don't want to wait for 5 years, and you're way past that.

[anjans 21]

I wasn't sure what to chose so I went with 3 year but have been married for 6 🤷‍♀️