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meadowzephyr

"Naturalization on the Basis of Marriage to a US Citizen"

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Hello! We are just starting the process to obtain US citizenship for my husband. He came to the US on a K1 visa in April of 2012 and obtained his Conditional Permanent Residency in April of 2013. Obviously, more than five years have passed. If we apply for his citizenship now, will it still be on the basis of marriage to a US citizen? Or will it just be on the basis of five years as a legal permanent resident. There are different requirements for the two, so I want to make sure I don't omit anything I need to send. Thank you in advance for your help!


K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







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I would choose citizenship based on 5 years as a legal resident. Less evidence needed.....


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18 minutes ago, meadowzephyr said:

Hello! We are just starting the process to obtain US citizenship for my husband. He came to the US on a K1 visa in April of 2012 and obtained his Conditional Permanent Residency in April of 2013. Obviously, more than five years have passed. If we apply for his citizenship now, will it still be on the basis of marriage to a US citizen? Or will it just be on the basis of five years as a legal permanent resident. There are different requirements for the two, so I want to make sure I don't omit anything I need to send. Thank you in advance for your help!

It will be on meeting the 5 year LPR requirement. It will not require evidence of the ongoing relationship 

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Thank you @RalphT and @Lil bear for your help!


K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







event.png

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Posted (edited)

Choosing between 3- and 5-year rule depends on his circumstances and which option gives him the greater chance of meeting the eligibility requirements for citizenship -- especially as it relates to the first two years of his permanent residency. Generally, applying under the 5-year rule is preferable,  as others have stated, but suppose he traveled abroad a lot during those first two years (and is at risk of breaking continuity of residence then) or committed crimes/infractions during those years, you might want to opt for the 3-year rule.

Edited by afrocraft

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Thank you @afrocraft I appreciate your input. Why is the three year rule an advantage if he traveled a lot?


K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







event.png

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Posted (edited)
27 minutes ago, meadowzephyr said:

Thank you @afrocraft I appreciate your input. Why is the three year rule an advantage if he traveled a lot?

If he traveled a lot in the first two years, as many do while making the transition to life in the US, he stands at risk of breaking continuity of residence, one of the requirements for citizenship. So you want USCIS to focus on the most recent 3 years, not the entire 5-year period. You break continuity of residence when you've been overseas for longer than 6 months at a time, or if you travel so often that it appears your actual residence is more outside the US than it is in the US.

Edited by afrocraft

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