Been PR for 5 years thru marriage but only lived past 3 yrs. Which one to choose? (merged)

[Charmss 4]

I guess this post is a rant. I got a conditional green card in 2018, then applied for the actual green card in 2020. I was informed that no matter what I do, I have to wait for 5 years, and that the 3-year timeline starts once I lift the conditional approval from my green card (so 3 years from 2020). I don’t know if I missed the changes in law, or if I was just massively misinformed, but I just realized today that I could have applied for n400 in 2021. I only found out because I was preparing for n400 application, and one of the question in the very beginning was “I married for 3 years..” or something so it got me start looking. 
 

I guess my question is… at this point, what do I select for the basis of citizenship application? Should I select that I’ve been a GC holder for 5 years? Or been married for at least 3 yesrs?

Edited July 5, 2023 by Charmss

[Mike E 11,727]

Is your spouse a U.S. citizen?

[Charmss 4]

Just now, Mike E said:

Is your spouse a U.S. citizen?

Yes.

[Crazy Cat 39,750]

22 minutes ago, Charmss said:

I guess this post is a rant. I got a conditional green card in 2018, then applied for the actual green card in 2020. I was informed that no matter what I do, I have to wait for 5 years, and that the 3-year timeline starts once I lift the conditional approval from my green card (so 3 years from 2020). I don’t know if I missed the changes in law, or if I was just massively misinformed, but I just realized today that I could have applied for n400 in 2021. I only found out because I was preparing for n400 application, and one of the question in the very beginning was “I married for 3 years..” or something so it got me start looking. 
 

I guess my question is… at this point, what do I select for the basis of citizenship application? Should I select that I’ve been a GC holder for 5 years? Or been married for at least 3 yesrs?

There were no changes in the law.  You were badly misinformed.    If you qualify, the 5 year rule is a good choice, imo.

Edited July 5, 2023 by Crazy Cat

[Charmss 4]

7 minutes ago, Crazy Cat said:

There were no changes in the law.  You were badly misinformed.    If you qualify, the 5 year rule is a good choice, imo.

Thanks! And yes I was…. Smh 

[Mike E 11,727]

18 minutes ago, Charmss said:

Yes.

Yes you could have applied sooner.

 

If you have 5 years of tax return transcripts, definitely apply under the 5 year rule.

[Crazy Cat 39,750]

7 minutes ago, Charmss said:

Thanks! And yes I was…. Smh 

My wife recently naturalized under the 5 year rule.  Online filing was a piece of cake.  We didn't need to submit bona fide marriage evidence.  Filing to oath took less than 6 months. I hope your journey will be fast, too.  Being out from under the thumb of USCIS is a wonderful feeling.

Edited July 5, 2023 by Crazy Cat

[Bob in Boston 630]

20 hours ago, Charmss said:

massively misinformed

 massively misinformed? Yes you were!

[M+K IL 102]

22 hours ago, Charmss said:

Thanks! And yes I was…. Smh 

So it's not all bad news. Yes you were misinformed, but on the other hand now you get to do the easier path documentation and interview wise! Best of luck

[Charmss 4]

 

It is now 90 days before the 5 year mark since I got the conditional green card in 2018 (now I am an LPR)We’ve been married for 6, been living together for past 3 consecutive yrs til now. 
 

Can I file N400 under a 5 year rule? Or should I do it under 3 year rule?

 

if I can do it under 5 year rule, do I still need to provide marriage certificate, tax transcript, rent agreement, ownership of assets, etc because my nature of green card was through marriage?

Edited July 27, 2023 by Charmss

[Crazy Cat 39,750]

If eligible, you can (and should) file under the 5 year rule.  Less paperwork, easy application. 

[OldUser 5,141]

Hi @Charmss,  if you're eligible, file under 5 year rule.

 

You still will need to provide tax return transcripts for the last five years to show your good moral character. I think you still need to provide marriage certificate to prove your marital status.

 

For N-400 under 5 year rule, you wouldn't need to provide bonafide marriage evidence.

 

However, if you're I-751 is still pending, you and your spouse can still be interviewed or get RFE asking for more bonafide marriage evidence.

 

[millefleur 5,039]

**Threads on the same topic merged.**

 

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