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When can my wife apply for citizenship

Discussion in 'US Citizenship' started by rajeevperera, Apr 25, 2005.

  1. rajeevperera

    rajeevperera New Member

    Hi,

    I became a citizen on Firday (22nd) and would like to know when my wife can apply? My wife got her green card in January and we were married in 2002.

    Does my wife have to wait three years from the 22nd to apply?

    Thanks in advance.
    Rajeev
     
  2. houstonian-tx

    houstonian-tx Registered Users (C)

    Experts, Please correct me if I am wrong. I think she would be eligible to apply for citz only in 3 years from Apr 22, 2005 (date you became citz) minus 90 (about 85 days just to be safe) days.
     
    Last edited by a moderator: Apr 25, 2005
  3. Rahul Kumar

    Rahul Kumar Registered Users (C)

    She can apply 90 days before your 3rd year anniv as a USC.
     
  4. rajeevperera

    rajeevperera New Member

    Thanks

    Thanks for the replies/answer.
     
  5. Sand Diego

    Sand Diego Registered Users (C)

    Rahul,
    Although you may say that it is a matter of opinion (as you tell JoeF when he is right), your response is incorrect. Whith the information provided, she can only apply after 3 years of his becoming a USC, not earlier. If the N-400 is filed earlier as you indicate, she will waste time, effort and money, as the application would likely be rejected:

    "If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the “continuous residence” requirement. For example, if you are applying based on 3 years of “continuous residence” as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS."
    Source: CIS Guide to Naturalization (Form M-476), page 22.
     
  6. Rahul Kumar

    Rahul Kumar Registered Users (C)

    By virtue of marriage to a USC you can file for Natz 90 days prior. Whats wrong with that ?
     
  7. C R S

    C R S Registered Users (C)

    If you are not into legalese, here's some information from A Guide to Naturalization with the appropriate part in bold-face:

    If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the "continuous residence" requirement. For example, if you are applying based on 3 years of "continuous residence" as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for "continuous residence" only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.
     
  8. Anahit

    Anahit Registered Users (C)

    This discussion started from the information you provided. See Sand Diego's post above.
     
  9. C R S

    C R S Registered Users (C)

    Oops! I must have skipped merrily past that one in the thread!
     
  10. ocworker

    ocworker Registered Users (C)

    or she can apply her citizenship based on 5 yrs which it is faster than to wait for the 3yrs married with USC.
     
  11. Ocelot

    Ocelot Registered Users (C)

    90 days in a lifetime...

    It seems like the very sharp readers are correct on this one.

    But, an extra 90 days is not a long time, in the scope of things.

    I know a lady who's been married to her USC husband (me) for 2321 days and is still waiting for her interview notice.

    -Ocelot
     

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