Bradenton, FL asked in Immigration Law and International Law for Florida

Q: I've got my green card trough the employment (5yr) but Im also married to US citizen(3yr). How should I apply in n400?

I've got my green card trough the employment (5yr) but Im also married to US citizen(3yr). How should I apply in n400? First question alone is confusing, I can select A or B? Applying trough "married to US citizen" creates more paperwork . Need advice how should I apply. Thank you

1 Lawyer Answer
Kevin D. Slattery
Kevin D. Slattery
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: You may be able to apply under either the 5-year rule or the 3-year rule. Whether you pick one over the other may depend on whether you have criminal history, for example, within the last 5 years but not within the last 3 years. USCIS evaluates whether one has good moral character for either the 3 or 5 year period just prior to filing based on which section of the law under which you seek to naturalize. There are other considerations as well. For example, if using the 3-year marriage rule, it is no only marriage to a U.S. Citizen that is needed, but also cohabitation. Perhaps schedule a consultation with a competent immigration attorney who can explain in greater detail all of the requirements, as well as why you may want to choose one over the other.

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