codyVA

I have been a green card holder for nearly 7 years and married to US citizen for over 5 years. When filling out N-400 which option should I choose? Being permanent resident for at least 5 years or 3 years and married to US citizen?

tom169

I've seen this been asked a few times and from memory you should go with the 5 years if eligible.

Guindalf

As the spouse of a USC, it makes absolutely no difference as you qualified after three years and could, in fact, apply 90 days before the three-year anniversary of your marriage.

rpjs

I recently filed mine after nearly six years in and checked the five years residence box, as using the three years married to your USC spouse could result in being asked to provide evidence of our residence together. Not that I don't have it, just results in potentially less paperwork being required.

ian-mstm

You can choose either, but filing using 5 years will likely be easier.

Ian

codyVA

Thank you everyone

codyVA

Let me ask you another question. When you filed your petition based on 5 years, did you send a copy of your marriage certificate with N400? Also did you send two pictures along? It seems unclear to me after reading the instructions to N400 and check list provided as well.

RICH

I was divorced after 4 years, and applied after 8 years. A copy of the divorce certificate was required, simply for the record. They already have your marriage cert. on record - correct?

codyVA

No. My green card was employment based.

RICH

Oh, then they don't need to know you are married. Just tick the 5 year box. But no harm in sending the Marriage cert as well.

rpjs

No to both. The instructions seem clear to me to bring documentation to the interview. As to photos, no, because the photo they take at the biometrics appointment, where they confirm your identity through your fingerprints, is what they'll use.