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Romerican423

Ready to file. 3 year vs 5 year?

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My wife is ready to file for citizenship and is able to do so under the 3 year OR 5 year. I'm trying to do some research and it's kind of vague and most information just says "if you're applying due to marriage with a citizen." 

 

It was my understanding that the 5 year rule was much easier, but I'm curious how so? Also, I have read the documents required are far less so the burden is not as high. Does anyone who files for citizenship based off the 5 year rule mind sharing a comprehensive list of what you submitted?

 

Also, sadly, we are under a Chapter 13 bankruptcy due to a situation that was beyond our control and put us in a heavy burden, but we are well over a year into it and have never missed a payment and are getting our lives back on track. Will the bankruptcy affect the citizenship?

 

And finally, my wife just found out she is pregnant with our first child, would you reccomend considering the 3 year rule?

 

Thank you in advance, we've had zero issues with our immigration journey up to this point, and just want to make sure we have no issues in the final stretch.

Edited by Romerican423

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There is no "3 year rule" for her if she's been an LPR for 5 years. 3 years is only for those who are eligible and don't want to wait 5 years. Your wife is past that stage if she has already been an LPR for 5 years.

Edited by Scandi

K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

11-09-2019 - Biometrics letter

11-12-2019 - Biometrics done, early walk-in

11-22-2019 - Biometrics, original appointment

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Thanks for replying. 

 

By 3 year rule, I was more referring to the "marriage of a us citizen."

 

If so about your statement, I'm hoping others can assist with the other questions I had.

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Immigration does not do a credit check

and as said above you are past using the 3 year rule 

It would require less as you don't have to prove a marriage to USC / only need to be a LRR according to USCIS rules

 

https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

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When I applied in 2017 I was filing under the 3-year rule, but when i got to my interview in 2018 they asked me if I wanted to apply under the 5 because they don’t check all the things, plus if you file under the 3 year rule, your spouse has to be present. 
 

she just changed it with a pen under oath, and didn’t look at any of my papers, as they had most of it on file like my marriage license, etc. 

 

5 years is easier, just have your taxes and things up to date.


04-04-2012- I-130 filed at Seoul US embassy $420
04-19-2012- I-130 Approved(15 days)!!! Receive Case number and Packet 3.
05-03-2012 - Medical examination at Seoul St.Mary's Hospital(Passed) $170
05-05-2012 - Set Interview date for June 15
06-15-2012 - Interview (Approved) Case completed in 74 days! Could have been shorter!
06-18-2012 - Receive visa + brown envelope.
07-19-2012 - POE(Honolulu, Hawaii)
07-24-2012 - Receive SSN
07-29-2012 - Receive 2 year conditional Green card
08-02-2012 - Apply for State ID: Get 6-year Tennessee state ID.
03-22-2013 - Do written test at DMV for drivers license. Get 1-year Learner permit.
03-28-2013 - Pass drivers license test. Get 5 year drivers license. Done with the DMV until 2018!

Next step - Removal of conditions on green card: May 2014.

04-30-2014 Filed I-751 to remove conditions

05-05-2014 NOA1 receipt and extension of green card for 1 more year while it processes.

06-12-2014 Biometric Appointment

12-29-2014 Approval letter from USCIS with no interview needed! Done with USCIS till 2024 or when I apply for US citizenship. 

12-30-2014 Receives 10 year permanent green card.

 

Naturalization Process: 

06-29-2017 N400 filed 

07-05-2017 Check cashed 

07-11-2017 Received biometric appointment

07-12-2017 NOA 1 receipt 

07-26-2017 Biometric appointment 

09-13-2017 Case in line for interview 

04-23-2018 Interview (Memphis, N 400)  Passed!  Recommended for approval. 

05-24-2018 Oath ceremony notice was mailed. 

05-29-2018 Oath letter received. Date set: June 21st, 2018

06-21-2018 Oath ceremony: I am a US citizen. Done with USCIS (Day 332) 

 

Passport application:

06-22-2018 Apply for US passport and passport card 

06-27-2018 Passport application received and in progress. (Day 5)

07-11-2018 Passport and passport card mailed out. Expecting it by 7-17-2018. (Day 18)

07-13-2018 Passport book received.  (Day 20)

07-16-2018 Passport card and naturalization certificate received. (Day 23). 


Process complete: Time to start traveling.

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On 10/28/2019 at 12:13 PM, richardkorea2010 said:

When I applied in 2017 I was filing under the 3-year rule, but when i got to my interview in 2018 they asked me if I wanted to apply under the 5 because they don’t check all the things, plus if you file under the 3 year rule, your spouse has to be present. 
 

she just changed it with a pen under oath, and didn’t look at any of my papers, as they had most of it on file like my marriage license, etc. 

 

5 years is easier, just have your taxes and things up to date.

I have my interview tomorrow and I hope they ask me the same question too :) I filed under the 3 year rule, but the interview date falls 5 years past the first approval of residency.

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On 11/4/2019 at 11:56 PM, ton_guc said:

I have my interview tomorrow and I hope they ask me the same question too :) I filed under the 3 year rule, but the interview date falls 5 years past the first approval of residency.

 It doesn’t matter, if at the time of filling you didn’t have the 5 years it will be treated under the 3 years based on marriage rule. 

 

Good Luck!!

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4 minutes ago, Downloader said:

 It doesn’t matter, if at the time of filling you didn’t have the 5 years it will be treated under the 3 years based on marriage rule. 

 

Good Luck!!

Apparently not according to a poster above. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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4 minutes ago, NikLR said:

Apparently not according to a poster above. 

He didn’t specify if he/she had been an LPR for 3 or 5 years when they applied...just mentioned that they did it under the 3 years rule. 

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4 hours ago, Downloader said:

 It doesn’t matter, if at the time of filling you didn’t have the 5 years it will be treated under the 3 years based on marriage rule. 

 

Good Luck!!

Right. There wasn't any discussion of it at all. 

 

To be honest, the interview was very straightforward. The agent had a trainee, to whom he was explaining EVERYTHING that he did on his screen. He explained to the trainee why he started asking questions right away to have an understanding of the interviewee's language skills etc. He talked about the flags they see on the screen, buttons need to be clicked, things to be ignored and lots of things I would not hear if the trainee wasn't there. It was interesting :)

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On 10/27/2019 at 9:16 AM, Romerican423 said:

My wife is ready to file for citizenship and is able to do so under the 3 year OR 5 year. I'm trying to do some research and it's kind of vague and most information just says "if you're applying due to marriage with a citizen." 

 

6 hours ago, Downloader said:

He didn’t specify if he/she had been an LPR for 3 or 5 years when they applied...just mentioned that they did it under the 3 years rule. 

 

On 10/28/2019 at 10:13 AM, richardkorea2010 said:

When I applied in 2017 I was filing under the 3-year rule, but when i got to my interview in 2018 they asked me if I wanted to apply under the 5 because they don’t check all the things, plus if you file under the 3 year rule, your spouse has to be present. 
 

she just changed it with a pen under oath, and didn’t look at any of my papers, as they had most of it on file like my marriage license, etc. 

 

5 years is easier, just have your taxes and things up to date.

 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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6 hours ago, NikLR said:

 

 

 

I was referring to the post from richardkorea2010 where he didn’t specified if he had the 5 years requirement at the time of filling. If you have the 5 year requirement at the time of filling probably there is chance of USCIS letting you switch that (maybe...). But not the other way around otherwise they wouldn’t deny anyone for filling “too early”. 

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On 10/28/2019 at 12:13 PM, richardkorea2010 said:

When I applied in 2017 I was filing under the 3-year rule, but when i got to my interview in 2018 they asked me if I wanted to apply under the 5 because they don’t check all the things, plus if you file under the 3 year rule, your spouse has to be present. 
 

she just changed it with a pen under oath, and didn’t look at any of my papers, as they had most of it on file like my marriage license, etc. 

 

5 years is easier, just have your taxes and things up to date.

I received my citizenship on July 1, 2019 and had my interview on June 11, 2019. Nowhere on the interview letter does it say that your spouse has to be present. It does however, say that you need to bring your marriage certificate, and IRS transcripts to the interview. These documents would show that you have been married to a USC spouse for the past three years. At my interview, my spouse did not attend and I got recommended for approval that day.

 

However, I do agree that if the OP can file under the 5 year rule that it would be a lot less paperwork.  


 

 

N400 - Naturalization                                                                                                           U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                        Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled  Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                      Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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That person said they filed under 3 but it was approved under the 5 year.  Thats how i read it. Regardless, the op qualifies under 5. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I was just giving what the immigration officer told me. If you file under the 3 year rule, the spouse is supposed to be present. 
 

not looking for a fight, that’s just what she told me. It could be different from another person, but that’s what she told me, and I was under oath. 


04-04-2012- I-130 filed at Seoul US embassy $420
04-19-2012- I-130 Approved(15 days)!!! Receive Case number and Packet 3.
05-03-2012 - Medical examination at Seoul St.Mary's Hospital(Passed) $170
05-05-2012 - Set Interview date for June 15
06-15-2012 - Interview (Approved) Case completed in 74 days! Could have been shorter!
06-18-2012 - Receive visa + brown envelope.
07-19-2012 - POE(Honolulu, Hawaii)
07-24-2012 - Receive SSN
07-29-2012 - Receive 2 year conditional Green card
08-02-2012 - Apply for State ID: Get 6-year Tennessee state ID.
03-22-2013 - Do written test at DMV for drivers license. Get 1-year Learner permit.
03-28-2013 - Pass drivers license test. Get 5 year drivers license. Done with the DMV until 2018!

Next step - Removal of conditions on green card: May 2014.

04-30-2014 Filed I-751 to remove conditions

05-05-2014 NOA1 receipt and extension of green card for 1 more year while it processes.

06-12-2014 Biometric Appointment

12-29-2014 Approval letter from USCIS with no interview needed! Done with USCIS till 2024 or when I apply for US citizenship. 

12-30-2014 Receives 10 year permanent green card.

 

Naturalization Process: 

06-29-2017 N400 filed 

07-05-2017 Check cashed 

07-11-2017 Received biometric appointment

07-12-2017 NOA 1 receipt 

07-26-2017 Biometric appointment 

09-13-2017 Case in line for interview 

04-23-2018 Interview (Memphis, N 400)  Passed!  Recommended for approval. 

05-24-2018 Oath ceremony notice was mailed. 

05-29-2018 Oath letter received. Date set: June 21st, 2018

06-21-2018 Oath ceremony: I am a US citizen. Done with USCIS (Day 332) 

 

Passport application:

06-22-2018 Apply for US passport and passport card 

06-27-2018 Passport application received and in progress. (Day 5)

07-11-2018 Passport and passport card mailed out. Expecting it by 7-17-2018. (Day 18)

07-13-2018 Passport book received.  (Day 20)

07-16-2018 Passport card and naturalization certificate received. (Day 23). 


Process complete: Time to start traveling.

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