Please Help! I need

segzi2000

Registered Users (C)
My wife's I-130 had been approved. I've just paid the AOS fee and hoping to send my completed I-864. Hopefully all things will go well and I belive my wife and daughter will migrate successfully. Unfortunately I will be out of the country for the most part of the next 5years. The question is_ Can my wife(principal applicant) file for naturalization after 5yrs without me getting involved? Or, is it only the me (petitioner) that can file for naturalization?
 
If she comes here on a immigrant visa and stay here in US then she can apply for Nat'z after 3 years minus 90 days after entry into US if you are a USC. If you work for a US company then she can even stay with you outside US without breaking the Nat'z period.
 
Are you a US citizen? If yes, she may be able to naturalize almost immediately after obtaining her GC, if you work abroad for the US government or a US corporation that qualifies under Section 319(b).

If you are not a US citizen, will your wife spend the majority of the next 5 years abroad with you, or inside the US? Do you have an approved N-470?
 
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Thanks you all for responding and giving invaluable answers to the discussion i raised. I'm a permanent resident, my travelling is to go fix family issues, my wife and daughter are to remain in US while i travel, i dont have any approved N-470. I may not meet the naturalization requirement, mainly due to my travelling over the years. Can my wife file for naturalization if she stays, work and meet other naturalization requirement? On the other hand, is the the petitioner alone who can file the naturalization for himself, his spouse and children or can the spouse file?
 
Your wife's naturalization is independent of yours. She can become a citizen if she stays in the US long enough and meets the other requirements, regardless of where you are, and regardless of whether you apply for citizenhip.

But for noncitizen children under 18, they can only get citizenship through a parent who becomes a citizen. However once they turn 18, if they haven't already obtained derivative citizenship they can apply on their own and their naturalization will be independent of their parents.
 
Thanks you all for responding and giving invaluable answers to the discussion i raised. I'm a permanent resident, my travelling is to go fix family issues, my wife and daughter are to remain in US while i travel, i dont have any approved N-470. I may not meet the naturalization requirement, mainly due to my travelling over the years. Can my wife file for naturalization if she stays, work and meet other naturalization requirement? On the other hand, is the the petitioner alone who can file the naturalization for himself, his spouse and children or can the spouse file?


Be cognizant of the fact that your travel and long absence from the US could jeopardize your green card status. As such, you could lose your green card and just look above in the thread, someone from Vietnam was absent from the US for 7 years, came back and lost her green card.
 
Thanks you all for responding and giving invaluable answers to the discussion i raised. I'm a permanent resident, my travelling is to go fix family issues, my wife and daughter are to remain in US while i travel, i dont have any approved N-470. I may not meet the naturalization requirement, mainly due to my travelling over the years. Can my wife file for naturalization if she stays, work and meet other naturalization requirement? On the other hand, is the the petitioner alone who can file the naturalization for himself, his spouse and children or can the spouse file?

At the very least, file an I-131 for a re-entry permity to try to protect your LPR status.
 
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