Naturalization requirements

[ros88 12]

Hello!

 

I am a permanent resident since 2015 but I am married to an American citizen since 2020.

my question is this:

in 2023 can I apply for Naturalization as a spouse of a US citizen?

or I am forced to apply as a permanent resident since 2015?

asking this because since 2015 I have been a lot overseas for work but since 2020 I have been always in the states.

so it will be more easy for me.

Can I do that as a spouse of a US citizen?

Thank you so much for your help!

[Timona 3,969]

You will apply under 5 year rule. 

 

[JeanneAdil 6,242]

what is the date on your green card?

[Chancy 6,233]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[Nkrish83 65]

3 hours ago, ros88 said:

Hello!

 

I am a permanent resident since 2015 but I am married to an American citizen since 2020.

my question is this:

in 2023 can I apply for Naturalization as a spouse of a US citizen?

or I am forced to apply as a permanent resident since 2015?

asking this because since 2015 I have been a lot overseas for work but since 2020 I have been always in the states.

so it will be more easy for me.

Can I do that as a spouse of a US citizen?

Thank you so much for your help!

You can apply under either category but it wont matter since your travel history is associated with your greencard. Evidence wise the burden is less for 5 year, so you may be better off applying under the 5 year category. 

 

Traveling overseas does not disqualify you until you stayed more than 180 days at a time at which point you joepardized your residency. Other than that frequent business/personal trips outside dont disqualify you if you maintained domicile in US territory. 

[Timona 3,969]

10 minutes ago, Nkrish83 said:

You can apply under either category but it wont matter since your travel history is associated with your greencard. Evidence wise the burden is less for 5 year, so you may be better off applying under the 5 year category. 

 

Traveling overseas does not disqualify you until you stayed more than 180 days at a time at which point you joepardized your residency. Other than that frequent business/personal trips outside dont disqualify you if you maintained domicile in US 

 

She cannot use the "spouse route."

You need to have been married to a USC from the start. She doesn't fit that bill...so 5 years is her only route 

 

[ros88 12]

27 minutes ago, Timona said:

 

She cannot use the "spouse route."

You need to have been married to a USC from the start. She doesn't fit that bill...so 5 years is her only route 

 

I was actually married from the start that how I got my green card.

then we had some problems and got divorced in 2017 and got back together and remarried in 2020.

 

thats why I am asking since I am married with the same person I was when I got my GC!

 

Any advice would be so appreciated!

thanks

[ros88 12]

42 minutes ago, Nkrish83 said:

You can apply under either category but it wont matter since your travel history is associated with your greencard. Evidence wise the burden is less for 5 year, so you may be better off applying under the 5 year category. 

 

Traveling overseas does not disqualify you until you stayed more than 180 days at a time at which point you joepardized your residency. Other than that frequent business/personal trips outside dont disqualify you if you maintained domicile in US territory. 

I actually travelled overseas for more than 180 days but never intended to leave the US and I maintained my residency.

It happened twice in the last five years, thats why I am asking if I should wait for the 5 years or I can  apply as a spouse as I have 18 mi ths of residency but not 30 in the last 5 years.

[Chancy 6,233]

13 minutes ago, Timona said:

She cannot use the "spouse route."

You need to have been married to a USC from the start. She doesn't fit that bill...so 5 years is her only route

 

N-400 based on the 3-year rule is an option even if an applicant gained their LPR status through non-marriage-based paths.  There is no requirement for an N-400 applicant to be married to a USC from the start of their LPR status.  The only requirements related to marriage are for the N-400 applicant to be --

• in a valid marriage with a USC -- marriage is legal where it was performed, legal in the US, and entered into in good faith (not for immigration benefits)
• living in marital union with their USC spouse for at least 3 years immediately prior to filing N-400
• still married to their USC spouse up to the time of their US oath ceremony

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

[OldUser 5,060]

@Chancy agreed, the OP can apply under 3 or 5 year rule in this situation. However, I see no benefit applying under 3 year rule. More evidence needed, more paperwork, more questions. And they're going to review 5 years of travel regardless, because the OP is LPR since 2015.

[Chancy 6,233]

2 minutes ago, OldUser said:

I see no benefit applying under 3 year rule.

 

Agree.  I see no benefit in the OP applying under the 3-yr rule either.

 

Edited October 8, 2022 by Chancy
typo

[ros88 12]

2 minutes ago, OldUser said:

@Chancy agreed, the OP can apply under 3 or 5 year rule in this situation. However, I see no benefit applying under 3 year rule. More evidence needed, more paperwork, more questions. And they're going to review 5 years of travel regardless, because the OP is LPR since 2015.

Yes there is benefits for me.

If applying under the 3 years route the requirement is 18 months physically in the US in the last 3 years while with the 5 years path is 30 months.

[Rocio0010 5,572]

1 hour ago, ros88 said:

I was actually married from the start that how I got my green card.

then we had some problems and got divorced in 2017 and got back together and remarried in 2020.

 

thats why I am asking since I am married with the same person I was when I got my GC!

 

Any advice would be so appreciated!

thanks

Did you have to file for ROC?

[Rocio0010 5,572]

Did you have to file for ROC? Your timeline is incomplete… 

you got your green card in 2015. Then that means that sometime in 2017 you should have filed for ROC, but you also said you divorced in 2017… please clarify

[Scandi 3,977]

From my understanding, the 3 year rule is only for those (who qualify through marriage etc) and don't want to wait 5 years. You have already been an LPR for 5 years so the 3 year rule isn't an option for you (USCIS has 5 years of LPR to look back on, they will not just look at your last 3, like they would with someone who doesn't have 5 years as an LPR yet). No matter if you're married or not - you will still be processed based on your 5 year as an LPR. That's my understanding of it. 

Edited October 8, 2022 by Scandi