Naturalization through marriage or through physical presence?

[gml01]

Hi there. My mother is 69 years of age and has been a permanent resident with physical presence in the country for more than 5 years. She has been married to a U.S. citizen for more than 3 years as well.

She is considering naturalization but we are uncertain about which path would be more beneficial to follow: physical presence or marital status. Likewise, we are unsure whether there could be any limitations due to her age.

Any help will be very much appreciated.

 

[gunt]

There are no issues to worry about. File using the 5 years physical presence method as it requires much less documentation and scrutiny.

 

[gml01]

Thank you so much for the fast reply. Regarding her age, would she need to go throug the ordinary process of application and examination, that being the English examination and the civics test?

 

[God Zilla]

Thank you so much for the fast reply. Regarding her age, would she need to go throug the ordinary process of application and examination, that being the English examination and the civics test?

you can ask it in naturalization office very easy

 

[Jackolantern]

Thank you so much for the fast reply. Regarding her age, would she need to go throug the ordinary process of application and examination, that being the English examination and the civics test?

Yes, unless she has been a permanent resident long enough to qualify for an exemption.

You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are:

Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” exception).
OR
Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).

Note:

Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test.
You may be permitted to take the civics test in your native language, but only if your understanding of spoken English is insufficient to conduct a valid examination in English.
If you take the test in your native language, you must bring an interpreter with you to your interview.
Your interpreter must be fluent in both English and your native language.
If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.

 

[gml01]

Thanks guys. It is clear to me now that no exceptions would apply to her process. Do you think she could be rejected due to her age or just being resident for five years alone would suffice? She has never worked in the US but is married to a Citizen.

 

[JohnnyCash]

Filing a naturalization application based upon the marriage to a US citizen is possible for your mother only if she has obtained her legal status (green card) thru the same marriage to a US citizen and still married with the same person and its been already 3 years of her marriage. I understand that she is married to a US citizen but did she obtain her green card thru the same marriage? Anyway, its best for her to apply for naturalization based on 5 years rule because its hassle free and requires less evidentiary documentations.

Good luck....

 

[Bobsmyth]

Filing a naturalization application based upon the marriage to a US citizen is possible for your mother only if she has obtained her legal status (green card) thru the same marriage to a US citizen

How the GC was obtained (employment or marriage) is irrelevant for marriage based naturalization applications.For example, an applicant may have received GC via employment, marry a USC a few months later and then be eligible to apply for naturalization 3 years later.

 

[brb2]

There is no upper limit for naturalization that would disqualify her. She can apply under the married to a US citizen for 3 years rule or the 5 year rule. The 5 year rule would require less documentation. She can also apply 90 days before she meets the 5 year requirement. Since she is below 75 she will need to do the bio-metric part of the process as well and pay the fee accordingly.

Thanks guys. It is clear to me now that no exceptions would apply to her process. Do you think she could be rejected due to her age or just being resident for five years alone would suffice? She has never worked in the US but is married to a Citizen.

 

[JohnnyCash]

How the GC was obtained (employment or marriage) is irrelevant for marriage based naturalization applications.For example, an applicant may have received GC via employment, marry a USC a few months later and then be eligible to apply for naturalization 3 years later.

Yes its true that its irrelevant for marriage based naturalization applications of how the GC was obtained BUT its also true that its required that applicants must have been married and living with US citizen for past 3 years. http://www.uscis.gov/files/article/M-476.pdf. I agree that applicants don't to be with the same US citizen whom s/he obtained GC from based on the marriage if applicants did receive their GC based on the marriage but they are required to been married for the last 3 years with a US citizen if they are going to file a naturalization application based on the marriage to a US citizen regardless they obtained their GC thru that marriage or not. Thus, I don't agree with what you have said that an application could be eligible to apply for naturalization based on 3 years rule if s/he is married to a US citizen even for a few months even if s/he received GC thru employment unless immigration laws have been changed in this regard lately as I'm not keeping myself updated with current changes. Otherwise, in order to be eligible to file for naturalization based on 3 years rule (such as married with a US citizen), one must have been married to a US citizen for the last 3 years; otherwise 5 years rule will apply.

 

[Bobsmyth]

Thus, I don't agree with what you have said that an application could be eligible to apply for naturalization based on 3 years rule if s/he is married to a US citizen even for a few months even if s/he received GC thru employment ..

That's not what I said. I said an applicant may have received GC via employment, marry a USC a few months later and then be eligible to apply for naturalization 3 years later.This implies the applicant must be married to USC for at least 3 years before they apply.