LPR for 5 years but chose 3 year rule

[little immigrant 801]

I'm asking for a friend (no, really 😁) My friend has been a LPR for 5 years already but when filling out the application for citizenship, he chose the 3 year rule (Part 1, B). Now he's concerned because he might get a divorce. Will this be a problem for the upcoming interview? Will it be OK if he just explains everything to the officer? I think it will be fine and automatically processed under the 5 year rule anyways but I just want to reassure him and give him peace of mind. He has the 10 year green card. Thank you.

 

PS: I help a lot of my friends with their immigration questions because I learned a lot during my immigration journey and by reading this forum. 😊

[Coco8 1,042]

He has not gotten a divorce yet. As long as the rule fits and he answers truthfully to all the question, there won't be any issue. And you cannot get your citizenship taken away by divorcing later (as long as you did not lie/commit fraud).

 

Also, I'm sure every couple has problems and bad patches, so if they denied citizenship based on how well a marriage is doing, it could be problematic. 

 

 

[HRQX 4,145]

21 minutes ago, little immigrant said:

he chose the 3 year rule (Part 1, B).

Looks like he still meets 3-year rule as long as he doesn't divorce before the oath ceremony: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

[little immigrant 801]

12 minutes ago, HRQX said:

Looks like he still meets 3-year rule as long as he doesn't divorce before the oath ceremony: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

Can it be switched to the 5 year rule during the interview if he does get divorced? Has this ever happened to anyone? 

[HRQX 4,145]

1 minute ago, little immigrant said:

Can it be switched to the 5 year rule during the interview if he does get divorced?

Was he eligible for 5-year rule when N-400 was submitted? If not, he would need to start anew if he divorces before oath ceremony. If he was eligible, he could try to explain that he meant to select 5 year rule (INA 316) NOT 3 year rule (INA 319(a)).

[little immigrant 801]

3 hours ago, HRQX said:

Was he eligible for 5-year rule when N-400 was submitted? If not, he would need to start anew if he divorces before oath ceremony. If he was eligible, he could try to explain that he meant to select 5 year rule (INA 316) NOT 3 year rule (INA 319(a)).

Yes he was eligible under the 5 year rule when he submitted N400. I made sure to make him understand his eligibility date under the 5 year rule. Thank you I will let him know.

[tomigaoka 8]

5 hours ago, little immigrant said:

Can it be switched to the 5 year rule during the interview if he does get divorced? Has this ever happened to anyone? 

Yes this is possible happened to someone i knew, applied under3 years but when the interview date came the applicant was already qualified for 5 years and it was converted by the interviewer on the spot maybe bcoz less work for him. 

Edited January 24, 2021 by tomigaoka

[African Zealot 1,455]

You’re such a great friend. 😊

[little immigrant 801]

On 1/24/2021 at 12:00 AM, tomigaoka said:

Yes this is possible happened to someone i knew, applied under3 years but when the interview date came the applicant was already qualified for 5 years and it was converted by the interviewer on the spot maybe bcoz less work for him. 

Thank you that's helpful

 

On 1/24/2021 at 9:28 AM, Ray.Bonaquist said:

You’re such a great friend. 😊

Haha thank you. I happen to have a lot of immigrant friends and I always show them visajourney.com and tell them about the guides. 

[ThaOne 101]

On 1/23/2021 at 11:40 PM, little immigrant said:

Yes he was eligible under the 5 year rule when he submitted N400. I made sure to make him understand his eligibility date under the 5 year rule. Thank you I will let him know.

Just for the record, next time "a friend" asks you to help complete their N400, if they qualify for the 5 year rule tell them not to file under the 3 year rule. It isn't a choice. It's supposed to be based on what the actual situation is. Plus under the 5 year rule it is easier.

Now that out of the way, until your friend divorces there is really nothing else to do but wait for the interview. The only problem is since he filed under the 3 year rule instead of the 5 year as he should have in the first place, now they will ask questions about the marriage and if they still live together and all that. If not divorced yet all he will have to do is be truthful and say that they are still married but going through some rough times. But you see why you have to advise your friends in the future to go the 5 year rule if they qualify, besides the fact that it's easier, depending on the officer, the more questions that are asked about divorces and marital status can trigger more questions and further enquiries into whether it was a bonafide union in the first place.

If they do divorce before the interview, there is a section in the online account where you can add any documents or changes to your (his/her) file. This can be any changes, additions, relevant situation changes... I am sure in there he could add a divorce decree and a note specifying that he has divorced. Since he meets the 5 year eligibility that should still be fine. As it states on form N400, it may take longer (as someone will have to go through his file all over to see if he now meets the 5 year rule...)

Either way the most important is that the truth was said at the time of filing. Situations can change in between. If he didn't meet the 5 year rule and they divorced before the process was done, then his application would be denied and he would have to re-file. But in this case it would be fine!

[RepublicOfTX 2]

Living together is only required up to filing per https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 (sub chapter B).

 

This is also clarified by Policy Alert of Oct 12, 2018 (Google it).

Existence of a legally valid marriage is only requirement between filing and oath.

 

Whens his interview and where?

[wbeem 568]

I think it really depends on who processes the application and who conducts the interview. It shouldn't make a difference because with the 3 year rule you have to submit so much more documentation. That said, you'd have to satisfy all the criteria if it goes through to the end without changing it. Whether you can change it after filing is another question as the application forms themselves are different.  There's someone who lives locally who has been a LPR and married for over a decade and finally decided to apply for citizenship and she applied under the 3 year rule, thinking because she is married to a USC it was what she had to do. She got to the interview and had to refile. Does your friend have an online USCIS account? You can send a message through the portal there.  They take a few days but they do reply.