I immigrated to the U.S. after getting married to a U.S. back in 2010, now I am applying for citizenship, and when filling the "What is your basis for eligibility?" question of the N-400 the following both options apply to me since I have been in the U.S. for more than 5 years with permanent residency and married to the same U.S. citizen more than 3 years.
Which one is better\right one to choose?
1 ) I am at least 18 years of age and have been a lawful permanent resident of the United States for at least 5 years.
2 ) I am at least 18 years of age and have been a lawful permanent resident of the United States for at least 3 years. In addition, I have been married to and living with a U.S. citizen spouse for the last 3 years, and my spouse has been a U.S. citizen for the last 3 years at the time I filed my Form N-400.
If you pick the 5 year option they won't need to investigate whether or not you and your spouse live together.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You want to use the five year rule so you do not have provide evidence you are married and living together.
You have two options. The easier one is "been a legal resident for 5 years" this allows you to avoid proving marriage for three years
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