Question on USC & GC

[vanlilly]

I have a GC and I would be eligible to apply for USC in Feb 2007. I am married and my husband is on H1. His company has just started his GC and he got his H1 extension. We would have been married for 2 yrs in Feb 2007. I have heard that the spouse is eligible for USC if the couple have been married for 2 yrs. My question is can my husband apply directly for citizenship after i get mine? Or should we apply for AOS and then he would be eligible for his citizenship after 2 yrs of him getting his GC? Any thoughts?

 

[sarrebal]

I have a GC and I would be eligible to apply for USC in Feb 2007. I am married and my husband is on H1. His company has just started his GC and he got his H1 extension. We would have been married for 2 yrs in Feb 2007. I have heard that the spouse is eligible for USC if the couple have been married for 2 yrs. My question is can my husband apply directly for citizenship after i get mine? Or should we apply for AOS and then he would be eligible for his citizenship after 2 yrs of him getting his GC? Any thoughts?

Information you have been given is incorrect.
Nobody can't apply for US citizenship directly.
A spouse of a USC can apply (immediately and not after 2 years) for a Green Card. Then, meeting certain requirements, the spouse could apply for citizenship 2 years and 9 months after he/she obtained a green card.

2 years (actually 1 year and 9 months) is the period of time that has to pass
before the conditional status could be removed (conditional status is given when marriage is younger than 2 years at time of successful AOS).

 

[vanlilly]

Thanks for your reply Sarrebal.
So does that mean that my husband will not have a conditional status when applying for the AOS? In this case, can my husband apply for USC within a year of getting his GC?

 

[amishah]

Thanks for your reply Sarrebal.
So does that mean that my husband will not have a conditional status when applying for the AOS? In this case, can my husband apply for USC within a year of getting his GC?

Your husband will not have Conditional GC when he will apply for AOS but the rules for Citizenshup won't change for him. He will be able to apply for Citizenship in 2 years and 9 months after getting his GC provided that he satisfied other requirements of Citizenship. Visit USCIS.gov for detailed information on Citizenship.

 

[Al Southner]

Clarity

You have to be a US citizenship for three years, for your husband to be eligible to apply for his citizenship.

When you apply for you citizenship, then you have to apply for his greencard based on your marriage. Since you will have been married for you over two years, then he will be issued a 10 year greencard, and will be offered an option to apply for his citizenship after you complete three years a USC.

However, when you apply for your citizenship, it is not a guarantee that you citizenship will be complete at the end of 2007. However, if you are lucky, and procure your citizenship in June '07, then your husband will be eligible to apply for his USC on the basis of his marriage to a USC in 2010 March. Since you have been married to him as a greencard holder, it doesn't apply. Because you have not been a USC for 3 yrs, then he can't claim his US citizenship application based on his marriage to a USC for 3 years. However, if you were issued a US citizenship in Jan 2004, and married him in June 05, and he was issued a green card in Sept 2005, then in June 2007, he will apply for removal of conditions for his greencard. However, he will be elible to apply in March 2008. Three months before your 3 yrs marriage annivesary, and 3 months after your 3 yr annivesary of your being a US citizen.

It might be complex, but that's a reality...

 

[machelon]

You have to be a US citizenship for three years, for your husband to be eligible to apply for his citizenship.

Where did you get this rule?

Are you refering to the one that says "a GC holder has to be Married and Living together for three years to a USC in order to apply for citizenship"?.

For the OP...your application for citizenship should take less than 6mo. So by Aug 07 you'll be able to sponsor your husband. If untill then he is on valid H1 then he'll be able to do AOS, get his green card. And 3 years from the date of his green card he'll be able to apply for citizenship if you guys are still married and living.