Question about marrying a 10 years green card holder who will be applying for a citizenship soon.

M

macboss

Registered Users (C)
Hi all,

Let's say one marries a 10 years green card holder (the wife). After the marriage, the wife applies for the citizenship (this is based on the assumption that any 10 year green card holder can apply for a citizenship). What would happen to the husband who is on H1-B? Would the husband get the citizenship too or the greencard (which one 2 years or 10 years)?

Any advices or Any links to more information are greatly appreciated.

Thanks,
 
I married my GC wife in 2007. At that time I was on 485 status/H-1B (extention going on), and on the waiting mode for priority date to be effective.

After 3 years of marraige, she applied for citizenship and got one. After that, she applied for my GC, and I got one (unconditional GC, I assume, becvause it expires in 2017)

But one thing to remember is that, when ur wife applies for citizenship, the USCIS can open her case, and might raise some issue on the GC status, and asked for interview. This is what happened in my wife's case too, but we hired a good lawyer, and he got the process cleared.
 
Thanks for your reply.

So the best the guy can get is an unconditional GC? I thought that if the wife with an unconditional GC applies for citizenship, the husband could get the citizenship too (without going thru the GC process).

What did you mean by raise some issue on the GC status? Could you please specify?

So is it a better idea if the wife applies for the citizenship first before getting married?

Thanks again,
 
Also, how long did your GC process take if you don't mind I am asking?

Besides, since you had the unconditional green card back then, you could have applied for citizenship anytime from the day you got your GC, couldn't you?

Thanks,
 
It doesn't matter if your wife applies citizenship before or after getting married.

When your wife becomes a USC then she can file for your greencard which may take 6-12 months or less.

You don't become a USC when your wife becomes one, it doesn't work that way.
 
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macboss said:
I thought that if the wife with an unconditional GC applies for citizenship, the husband could get the citizenship too (without going thru the GC process).
Click to expand...

No. There are only two ways to get US citizenship automatically:

You are the under-18 child of a permanent resident who naturalizes;
Congress passes (and the President signs) a law declaring you a US citizen.
 
Thanks a lot guys, that clears up a lot of things.

A few more questions:

How long does it take to apply for citizenship having unconditional (10 years) green card?

How long from the date of unconditional green card acquired/possessed can one apply for citizenship?

Thanks,
gluck to your USC process, imthegreatest
 
Thanks but I'm still on my GC process haha

You might wanna check the sticky on how to's about the GC process so you'll have an idea how its done :)

Btw, how did your wife get her GC? My husband got his GC thru his USC mom and had to wait 5 yrs to be eligible for citizenship.

and if ever you'll get your GC thru ur wife, you'll have to wait 3 yrs before you'll be eligible for citizenship.
 
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I am still surprised by how many americans know so little about immigration... specially those who think that if you marry an USC you immediately (upon being declared husband and wife) obtain US citizenship...
 
PraetorianXI said:
I am still surprised by how many americans know so little about immigration... specially those who think that if you marry an USC you immediately (upon being declared husband and wife) obtain US citizenship...
Click to expand...

What's also interesting is that most Americans are completely amazed that you can live in America legally and not be a citizen or Green Card holder. For most of them, the population is divided into two categories: citizens and illegals.
 
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