does US citizen have to be in US?

justcf

New Member
I am a US citizen (now aboard), and my wife currently have her green card and locate in US.
My wife plan to apply her citizenship once three years mark reached. But we do have a concern that
her chance of getting citizenship since I am not in the US (most of the time because of the pandemic and quarantine measures of each country) for her whole three years of stay.
Some background: Our plan initially was my wife go US first, and then I had to settle some family matters aboard and then I would go to US for re-gathering. But then pandemic hit and everything changed.
1st: Does the immigration officer looked at my length of stay in US if my wife is the person applying for citizenship?
2nd: i noticed that it DOESN'T require to notate my (US citizen) stay in US on the N400 application. Will the officer ask on the naturalization progress?
 
No. You don't need to be living in the US for your wife to naturalize. But if she is applying under the 3-year rule (based on being married to a US citizen for 3 years) instead of the 5-year rule, then she needs to be "living in marital union" for the last 3 years. This usually requires that the couple live together. It's possible to be "living in marital union" even if you are living apart, if it's for reasons beyond your control. See USCIS Policy Manual, Volume 12, Part G, Chapter 2, section D, especially the section on "Involuntary Separation".
 
i noticed that it DOESN'T require to notate my (US citizen) stay in US on the N400 application. Will the officer ask on the naturalization progress?
Your wife will be asked to either show proof of living in marital union for 3 years, or proof of why the separation was involuntary. I would advise that she have other evidence to show that the marriage is bona fide given the long separation. The other alternative is to wait for 5 years and she can just use the 5 year rule without needing the kind of evidence required under the 3 year rule.
 
Just like the posts above suggest, the easiest way for your wife is to naturalize after 5 years, especially in your situation
 
Top