Which Path To Take For Citizenship?

[inneedofhelp 1]

Hello all, I would first like to say TIA for any replies, answers and advice to my question, it really means a lot. I will try and keep this short.

 

Back in 2009 I entered the US on a K1 Visa, got married within the 90 days and life was good, for a while. Fast forward to 2011 and the relationship was broken, I don't want to get into details but all i will say is that there were major trust issues (for good reason) on my part, which in the end, forced us to grow apart and therefore the marriage ended in divorce after 2 years. Since I had created a new life here with a good job and made some great friends, with their support and help, I decided to push on and apply for my GC which was granted to me.

 

Fast forward to 2017 where I got married to an American girl and to this day, my marriage is still going very strong, Happily married with 2 beautiful kids, I am living the American Dream. My GC was due to expire in 2020, I was always planning on becoming a US Citizen but, as everyone knows, 2020 was, a difficult period around the globe, so, since I wasn't confident in doing the Citizenship before it expired, with all the madness that was going on with the Government during COVID, I just played it safe and did a 10 year renewal.

 

Currently, I am still a permanent resident through my Green Card. My question is, upon filling out the Form N-400, should I check the box stating that I am a spouse of a US Citizen or do I state that I am eligible for Citizenship since I have been here on a GC for well over 10 years? I am a little confused how to file since I originally came to the US through a K1 Visa.

 

Maybe its a simple answer but, I really wanted to get this correct first time since I will be trying to do all the paper work myself. 

 

Thank You for taking the time to read and respond, it really means a lot.

[Vickys_Mom 278]

22 minutes ago, inneedofhelp said:

My question is, upon filling out the Form N-400, should I check the box stating that I am a spouse of a US Citizen or do I state that I am eligible for Citizenship since I have been here on a GC for well over 10 years?

 

While you are the spouse of a U.S. Citizen, you want to choose the General Provision option.  The requirements are simpler.  Do read the List of General Eligibility Requirements in the instructions and make sure you've completed all of them.

 

Regards,

Vicky's Mom

[Crazy Cat 46,284]

28 minutes ago, inneedofhelp said:

Hello all, I would first like to say TIA for any replies, answers and advice to my question, it really means a lot. I will try and keep this short.

 

Back in 2009 I entered the US on a K1 Visa, got married within the 90 days and life was good, for a while. Fast forward to 2011 and the relationship was broken, I don't want to get into details but all i will say is that there were major trust issues (for good reason) on my part, which in the end, forced us to grow apart and therefore the marriage ended in divorce after 2 years. Since I had created a new life here with a good job and made some great friends, with their support and help, I decided to push on and apply for my GC which was granted to me.

 

Fast forward to 2017 where I got married to an American girl and to this day, my marriage is still going very strong, Happily married with 2 beautiful kids, I am living the American Dream. My GC was due to expire in 2020, I was always planning on becoming a US Citizen but, as everyone knows, 2020 was, a difficult period around the globe, so, since I wasn't confident in doing the Citizenship before it expired, with all the madness that was going on with the Government during COVID, I just played it safe and did a 10 year renewal.

 

Currently, I am still a permanent resident through my Green Card. My question is, upon filling out the Form N-400, should I check the box stating that I am a spouse of a US Citizen or do I state that I am eligible for Citizenship since I have been here on a GC for well over 10 years? I am a little confused how to file since I originally came to the US through a K1 Visa.

 

Maybe its a simple answer but, I really wanted to get this correct first time since I will be trying to do all the paper work myself. 

 

Thank You for taking the time to read and respond, it really means a lot.

General Provision.....No need to provide the extra evidence which is required if you file as spouse of a US citizen.  That spouse of a US citizen option is only beneficial if a Green Card holder wants to file under the 3 year rule. 

[Dashinka 26,583]

I agree with @Vickys_Mom and @Crazy Cat, and add my vote for applying under the "General Provision".

 

Good Luck!

Edited 4 hours ago by Dashinka

[JeanneAdil 7,477]

fast checking brings up this from Maryland Law Library  / u must use the 5 year rule as not married to the K1 USC petitioner

 

https://www.peoples-law.org/how-will-divorce-or-separation-affect-my-immigration-status

 

Conditional residents have a 3 year residency requirement to earn U.S. citizenship as opposed to the standard 5 year residency requirement. To receive the shorter residency requirement, you must be able to prove that you were married in good faith to a U.S. citizen or permanent resident for at least 3 years. If you get divorced before then, you will have to wait 5 years to apply for U.S. citizenship.

 

 

Hacking Law also says the same

https://hackinglawpractice.com/what-happens-fiance-leaves-after-marriage-on-k1-visa/

removing Conditions

Divorce doesn't affect your permanent residency if you already have the 10-year card. The only catch? For citizenship, you must now wait 5 years instead of the 3 years allowed when applying through a U.S. spouse.   

Edited 4 hours ago by JeanneAdil

[Crazy Cat 46,284]

16 minutes ago, JeanneAdil said:

fast checking brings up this from Maryland Law Library  / u must use the 5 year rule as not married to the K1 USC petitioner

 

https://www.peoples-law.org/how-will-divorce-or-separation-affect-my-immigration-status

 

Conditional residents have a 3 year residency requirement to earn U.S. citizenship as opposed to the standard 5 year residency requirement. To receive the shorter residency requirement, you must be able to prove that you were married in good faith to a U.S. citizen or permanent resident for at least 3 years. If you get divorced before then, you will have to wait 5 years to apply for U.S. citizenship.

 

 

Hacking Law also says the same

https://hackinglawpractice.com/what-happens-fiance-leaves-after-marriage-on-k1-visa/

removing Conditions

Divorce doesn't affect your permanent residency if you already have the 10-year card. The only catch? For citizenship, you must now wait 5 years instead of the 3 years allowed when applying through a U.S. spouse.   

He has been married to a US citizen since 2017.  He has also been a Green card holder for more than 5 years.  I think OP qualifies to file under either option....although I see no benefit for filing as spouse of a US citizen.

Edited 3 hours ago by Crazy Cat

[inneedofhelp 1]

3 hours ago, Vickys_Mom said:

 

While you are the spouse of a U.S. Citizen, you want to choose the General Provision option.  The requirements are simpler.  Do read the List of General Eligibility Requirements in the instructions and make sure you've completed all of them.

 

Regards,

Vicky's Mom

Just checked the requirements and i meet all required. Thank you.

[OldUser 11,254]

2 hours ago, JeanneAdil said:

fast checking brings up this from Maryland Law Library  / u must use the 5 year rule as not married to the K1 USC petitioner

This is not the case. If married to another USC for 3+ years, can still apply based on marriage to US citizen.

 

But if eligible for general provision, it is not a brainer and should be preferred.