Naturalization requirements

[ros88 12]

1 hour ago, Rocio0010 said:

The timeline is somehow off to me. OP said they were approved for the conditional green card in 2015, filed for divorce in 2017, got PR card in 2018. OP hasn’t mentioned that they’ve filed the 751 with a divorce waiver -or did I miss something? 
If you didn’t file the 751 with a divorce waiver, and got approved, I’m afraid there is a bigger issue than the 3/5 year rule for N400. But maybe I’m missing something?

I filed with a divorce waiver.

let me repeat the situation we got married in 2015 then we had some problems and got divorced in 2017 but even with that we couldn’t stay away from each other so we got back together after few weeks from the divorce. Always lived together and remarried in 2020.

so now what’s easy for me? 5 years rule or 3 years?

maybe its going to be more complicated with the 3 years because I will need to explain all the details all my love story with my husband 

[ros88 12]

2 hours ago, Mobius1 said:

Divorce but still living together = not legally married to the USC. 

 

You are not eligible under 3  year rule. They are VERY strict about it. I have heard of people's cases (3 year rule) denied just because they are not living together more frequently as one had to travel a lot due to work. Some what similar to your situation. Another inconvenience of 3 year rule is you have to re-prove your marriage 2/3 the intensity of i751. For most, however, that's not an issue.

Remarried in 2020

[Mobius1 175]

6 minutes ago, ros88 said:

Remarried in 2020

Not a lawyer but  I dont think that matters since initial marriage ended in divorce and the 3 year rule died with it

 

What's weird is  that why do u need the 3 year rule?  If you are a LPR since 2015, you are were to apply under 5 year rule in 2020

Edited October 9, 2022 by Mobius1

[da95826 387]

2 minutes ago, ros88 said:

we got married in2015,divorced in 2017 remarried in 2020.

Always lived together even when we got divorced 

You would have to wait until 90 days before the 3rd anniversary of your second marriage to file the n400 under the 3 year rule. 

Be prepared to show you are living with your spouse for 3 years with joint tax return, latest marriage certificate, divorce documents, first marriage certificate, proof of your spouse's US citizenship all the way back to the start of your immgration process, joint tax transcript for past 3 years, joint bills and savings.

Sometime in 2023 it looks like you could file under the 3 year rule but USCIS will be looking at the case closely given the unusual circumstances.

[Newyorker2021 3]

I think you should talk to a lawyer. They can guide you better. 

[da95826 387]

6 minutes ago, Mobius1 said:

Not a lawyer but  I dont think that matters since initial marriage ended in divorce and the 3 year rule died with it

Not true, it does not matter how someone gets a green card. You can use the 3 year rule if you are married to and living with a US spouse for 3 years; employment based, and all family based green cards are all good to use the 3 year rule if it applies.

[OldUser 5,112]

12 minutes ago, Mobius1 said:

What's weird is  that why do u need the 3 year rule?  If you are a LPR since 2015, you are were to apply under 5 year rule in 2020

I think the OP is failing substantial presense test if to apply under 5 year rule now. Not sure if applying under 3 year rule would prevent USCIS reviewing the whole immigration timeline.

 

IMHO the best solution is waiting longer, when the OP satisfies the test and applying under 5 year rule. Even then, hopefully the conditions were removed properly and OP didn't abandon the status by going out of country for too long'

[Mobius1 175]

Just now, OldUser said:

I think the OP is failing substantial presense test if to apply under 5 year rule now. Not sure if applying under 3 year rule would prevent USCIS reviewing the whole immigration timeline.

 

IMHO the best solution is waiting longer, when the OP satisfies the test and applying under 5 year rule. Even then, hopefully the conditions were removed properly and OP didn't abandon the status by going out of country for too long'

Yeah that might be it. Best to wait 5 years.

[da95826 387]

9 minutes ago, OldUser said:

I think the OP is failing substantial presense test if to apply under 5 year rule now. Not sure if applying under 3 year rule would prevent USCIS reviewing the whole immigration timeline.

The 3 year rule only goes back 3 years so any stay over 180 days or if the excessive time outside of the USA that brings you over 50% of the time outside the USA more than 3 years ago will not be counted against you. 

 

However the extra scrutiny of the validity of your marriages may be a factor in waiting a year or two to file under the 5 year rule.

[Newyorker2021 3]

1 hour ago, OldUser said:

I think the OP is failing substantial presense test if to apply under 5 year rule now. Not sure if applying under 3 year rule would prevent USCIS reviewing the whole immigration timeline.

 

IMHO the best solution is waiting longer, when the OP satisfies the test and applying under 5 year rule. Even then, hopefully the conditions were removed properly and OP didn't abandon the status by going out of country for too long'

No the best solution is talking to a lawyer. 

[JeanneAdil 6,261]

10 hours ago, ros88 said:

Yes.

we got married in2015,divorced in 2017 remarried in 2020.

Always lived together even when we got divorced 

read what chancy posts

you may have stayed living together after divorce but not  36 months of continuous marital union immediately prior to filing N-400. 

 

some say a lawyer/  make sure if you do,  that the Lawyer knows what he/she is talking about 

i consulted with 3 and got 3 different answers

[SusieQQQ 11,585]

19 hours ago, ros88 said:

I filed with a divorce waiver.

let me repeat the situation we got married in 2015 then we had some problems and got divorced in 2017 but even with that we couldn’t stay away from each other so we got back together after few weeks from the divorce. Always lived together and remarried in 2020.

so now what’s easy for me? 5 years rule or 3 years?

maybe its going to be more complicated with the 3 years because I will need to explain all the details all my love story with my husband 

Gee, there’s a lot of confusion in this thread. A lot of people seem to have missed that you said initially you’d only apply next year if you apply under 3-year rule and are basing incorrect responses on having missed that. 
 

So this is the situation: 

When you submit your N400, you choose on the form whether to apply under 3-year rule or 5-year rule. If you can qualify for either, you choose which one you want to apply under. The only caveat is to be sure you meet the requirements of what you apply under, because you can’t change it during the process or in interview. For 3 years remember the marital union requirement applies as at filing, but you need to remain married all the way until you take your oath.  (And it’s totally untrue that you need to have been married all the way to same person to apply under 3 year, and not that it applies to you but as some others have said you can totally apply under 3 year even if you got your green card through a different means.)

now to what you maybe don’t seem to understand fully: No matter which rule you apply under, they will review the manner in which you got your green card and your history as an LPR. So if you apply under 3 year rule, as others have said they’ll “look” at your longer travel history, though honestly that’s irrelevant as long as you qualify on presence /continuous residence on the 3 year rule. If you apply under 5 year rule, they will still look back over the marriage to see if it was genuine, but the burden of proof of that marriage is less than the 3 year rule which requires marital union etc. so yeah you’ll probably get questions on it but from what you’ve posted here that shouldn’t be an issue. So, imo you should just apply for whatever will make sense to do first - if your past 5 years at this stage meets the requirement then you might as well file now under 5 years. If they don’t, and you’ll be able to apply faster if you wait under 3 year rule and apply next year, then do that.

Edited October 10, 2022 by SusieQQQ

[ros88 12]

2 hours ago, SusieQQQ said:

Gee, there’s a lot of confusion in this thread. A lot of people seem to have missed that you said initially you’d only apply next year if you apply under 3-year rule and are basing incorrect responses on having missed that. 
 

So this is the situation: 

When you submit your N400, you choose on the form whether to apply under 3-year rule or 5-year rule. If you can qualify for either, you choose which one you want to apply under. The only caveat is to be sure you meet the requirements of what you apply under, because you can’t change it during the process or in interview. For 3 years remember the marital union requirement applies as at filing, but you need to remain married all the way until you take your oath.  (And it’s totally untrue that you need to have been married all the way to same person to apply under 3 year, and not that it applies to you but as some others have said you can totally apply under 3 year even if you got your green card through a different means.)

now to what you maybe don’t seem to understand fully: No matter which rule you apply under, they will review the manner in which you got your green card and your history as an LPR. So if you apply under 3 year rule, as others have said they’ll “look” at your longer travel history, though honestly that’s irrelevant as long as you qualify on presence /continuous residence on the 3 year rule. If you apply under 5 year rule, they will still look back over the marriage to see if it was genuine, but the burden of proof of that marriage is less than the 3 year rule which requires marital union etc. so yeah you’ll probably get questions on it but from what you’ve posted here that shouldn’t be an issue. So, imo you should just apply for whatever will make sense to do first - if your past 5 years at this stage meets the requirement then you might as well file now under 5 years. If they don’t, and you’ll be able to apply faster if you wait under 3 year rule and apply next year, then do that.

My point is this:

I do have 18 months ago f countinuos residency in the last 3 years as they required if I apply under the 3 years rule.

I do not have instead 30 months in the last 5 years as they required under the 5 years rule.

so that’s why I would like to apply under the 3 years.

I have no problems with my marriage as  we have been living together for 10 years and we have a family together.

[SusieQQQ 11,585]

Just now, ros88 said:

My point is this:

I do have 18 months ago f countinuos residency in the last 3 years as they required if I apply under the 3 years rule.

I do not have instead 30 months in the last 5 years as they required under the 5 years rule.

so that’s why I would like to apply under the 3 years.

I have no problems with my marriage as  we have been living together for 10 years and we have a family together.

So, do 3 years once you are eligible to file under that seems obvious. 

[Chancy 6,233]

On 10/8/2022 at 11:39 PM, ros88 said:

we got married in2015,divorced in 2017 remarried in 2020.

Always lived together even when we got divorced 

 

Let me repeat -- you do NOT have 36 months of continuous marital union yet.  Since your current marriage only started in 2020, you have less than 24 months of continuous marital union so far.  The time you lived together while you were divorced does NOT count because you must be legally married to be in marital union.

 

Assuming you do not go on long trips abroad again, it would be faster for you to accumulate 30 months of physical presence in the US than to reach 36 months of marital union on your current marriage.  That is why there is no benefit to you applying under the 3-year rule when you could qualify faster under the 5-year rule.