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Which box should I check in N-400 form Part 2 (Information about eligibility) I have been married for 7 years with US citizen.

Bronxville, NY |

Should I apply base on 5 years of permanent residence in the US or base on marriage still?

Thank you

Attorney Answers 6


  1. Best answer

    You are eligible under either category, but I would check based on 5 years residency, that way you will not have supply a lot of information and evidence about the marriage.


  2. I cannot fully join my colleagues advice without first knowing the length of your stay in LPR status.


  3. A proper answer to your question would require more information. Have you been a permanent resident for at least 5 years? How much time have you spent outside the USA during the past 5 years? Have you had any convictions, arrests, or any other encounters with law enforcement? You should meet with an immigration attorney to have the best chance of success.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  4. At issue is how long you have been a permanent resident not how long you have been married.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. If you have been married to a U.S. citizen for at least three years, you only need to be a Lawful Permanent Resident (LPR) for three years in order to naturalize. You have to meet the eligibility requirements, including continous resident and physical presence. I would strongly suggest retaining an immigration lawyer. Immigration law is complex and the stakes are high. If you value being able to live in the U.S., you would use a lawyer rather than file on your own. Some people file for naturalization and end up in Removal proceedings because of certain provisions in the law. Don't add to that statistic unnecessarily.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  6. While your question is a simple one, I do not think that answer can be without more information: How long have you been a permanent resident? Did you gain the residence based on THIS marriage? Do you have any criminal convictions/arrests with the past 3 or 5 years? have you been residing within the US for the past 3 or 5 years? Have you travelled outside of the US? If so, how man times and for how long?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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