Citizenship application

sivma

New Member
Hi,

Me and my husband are eligible to apply for citizenship next year.I have one question before i apply for that.

Is it possible for me to apply for citizenship even though my husband is not applying.

The green card process was through his employer.
 
Hi,

Me and my husband are eligible to apply for citizenship next year.I have one question before i apply for that.

Is it possible for me to apply for citizenship even though my husband is not applying.

The green card process was through his employer.

Assuming your husband and you were granted permanent residency more than 5 years ago, then you can go ahead submit your own application. Citizenship application for adult is individual, and you don't need to apply with your husband.
 
Hi,

Me and my husband are eligible to apply for citizenship next year.I have one question before i apply for that.

Is it possible for me to apply for citizenship even though my husband is not applying.

The green card process was through his employer.

You don't need your husband in order to apply for your citizenship for yourself. You can go ahead to apply on your own. You already have a green card and you live for 5 years. All you need to apply is n-400 form, copy of your green card, your marriage certificate, 5 years tax transcripts, copy of your current passport, and copy of your old passport showing any us visa, your driver license, and social security card. Good luck!!
 
You don't need your husband in order to apply for your citizenship for yourself. You can go ahead to apply on your own. You already have a green card and you live for 5 years. All you need to apply is n-400 form, copy of your green card, your marriage certificate, 5 years tax transcripts, copy of your current passport, and copy of your old passport showing any us visa, your driver license, and social security card. Good luck!!
Thanks to both of you for the quick reply.

We have filed the taxes jointly and i am not working

Can I still apply even if he is not applying?
 
Yes, you can file by yourself. Marriage or filing joint taxes doesn't affect your ability to file alone.
 
Will there be any questions regarding my husband like why he didn't apply or anything else?

no, there will be no questions about that. Interview officer won't ask questions like why your husband didn't apply. Only questions the officer will ask you is to verify how many months you live (to meet requirements -- see statute below), background check, good moral character, and verify your name, age, etc. that's all. Also, No matter whether you are working or not, you will need tax transcript -- the purpose is for a good moral character (to see if all taxes are paid.) If someone is divorced or separated and still a permanent resident for 5 years, she or he can still apply for citizenship.

Your husband can apply on his own if he wants to. You can apply on your own. You live for almost 5 years (5th year will start next year, right?) and you haven't violate any criminal law and live more than half of 5 years in USA so you are eligible to apply for citizenship. see the statute below (there is no rule about needing a husband in order to apply for citizenship).

The point is:

(extract info from http://www.murthy.com/citfaqs.html#1)

The statute (the letter of the law) provides that, in order to file a naturalization application, an applicant (you) must:
a. be an LPR (lawful permanent resident, i.e., green card holder; exception if served in war for the U.S.). Comment: you are already a LPR

b. be 18 years of age or older. Comment: you are already above 18 yrs old.

c. be a resident continuously for five years, subsequent to LPR status. If married to a U.S. citizen (USC) the residency requirement is only three years, but there are several conditions to the three-year rule (e.g. parties must have been married for at least three years, no legal separation etc.). Comment: you are already a resident for more than 4 years. (next year will be your 5th year, right?)

d. be of good moral character. Comment: if you don't violate any criminal law, you have a good moral character.

e. be have resided in the state or USCIS district where the application is filed for at least three months. Comment: if you live in same place for more than 3 months, you are fine.

f. be physically present in the U.S. for at least one half of the five years (or one half of the three years, in a case where the spouse is a USC). Comment: if you live in usa for more than half of 5 years, you are fine.

g. not be absent from the U.S. for a continuous period of more than one year during the period for which continuous residence is required. Absence of more than six months but less than one year establishes the presumption of not satisfying the continuity of residence requirement, which can be potentially rebutted. If one has broken continuity of residence, s/he may reapply for U.S. citizenship four years and one day following the date of his/her return to the U.S. to resume residency. The spouse of a USC needs two years and one day.
Comment: I assume you haven't broken continuous residence. You are fine.

h. have a knowledge of English and ability to answer basic questions on U.S. history and government. Comment: You already speak english. since you live in usa for more than 4 years, I assume you know about US government and history. if you don't know, you can look at 96 questions that are available on http://www.uscis.gov/portal/site/us...nnel=bb93667706f7d010VgnVCM10000048f3d6a1RCRD and http://www.uscis.gov/portal/site/us...nnel=9ff98424f8304110VgnVCM1000004718190aRCRD :)
 
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