Wife of a US citizen applying for citizenship

[nidhin0006]

Hello,

I was a greencard holder when I got married . I became citizen after 6months of my marriage. Only 4months after i became a citizen, my wife got greencard/came to us. Now if I want to apply for citizenship for my wife, should I wait for 5 years or 3 years from the date she came to USA?.

 

[BigJoe5]

Hello,

I was a greencard holder when I got married . I became citizen after 6months of my marriage. Only 4months after i became a citizen, my wife got greencard/came to us. Now if I want to apply for citizenship for my wife, should I wait for 5 years or 3 years from the date she came to USA?.

1. You don't apply for her, SHE applies.

2. She can apply when she meets the requirements as described in the law.

3. INA 316(a) is the 5 year rule; INA 319(a) is the 3 year rule. Read about them or point her in the right direction.

Good Luck.

 

[nidhin0006]

Thanks Joe.

I understand that she is the one who should apply, but I just mentioned like that.....The doubt I have in INA 319a is it mentioned that "If you are married to a US citizen"..does it mean that when I marry her I should have been a US citizen or will it work if I marry her when I was LPR and now I am a citizen?..again Thanks for your help joe..

1. You don't apply for her, SHE applies.

2. She can apply when she meets the requirements as described in the law.

3. INA 316(a) is the 5 year rule; INA 319(a) is the 3 year rule. Read about them or point her in the right direction.

Good Luck.

 

[BigJoe5]

Thanks Joe.

I understand that she is the one who should apply, but I just mentioned like that.....The doubt I have in INA 319a is it mentioned that "If you are married to a US citizen"..does it mean that when I marry her I should have been a US citizen or will it work if I marry her when I was LPR and now I am a citizen?..again Thanks for your help joe..

On the day she files she must meet all the requirements. On that day, you need to be a USC for a FULL three years and she must meet all the rest as described in the law. So, by the time you are a USC for three years will she be eligible under the regular 5 year rule? It would require LESS Evidence for her to come up with.

 

[madh4]

On the day she files she must meet all the requirements. On that day, you need to be a USC for a FULL three years and she must meet all the rest as described in the law. So, by the time you are a USC for three years will she be eligible under the regular 5 year rule? It would require LESS Evidence for her to come up with.

BigJoe,
She had been married for more than 3 years. She came to US on GC on application filed by her husband. Why she cannot apply 90 days in advance of completion of 3 years, since getting her GC????.

 

[Jackolantern]

BigJoe,
She had been married for more than 3 years. She came to US on GC on application filed by her husband. Why she cannot apply 90 days in advance of completion of 3 years, since getting her GC????.

How long has she had a green card, how long have you been a US citizen, and how long has she been living with you since marrying you?

She might qualify for both the 3 year and 5 year rules, depending on your answers to the above. If she qualifies for both, generally it's better to choose the 5 year option.

 

[nidhin0006]

Thanks. Yes I will be a USC for 3 years when she is going to apply for citizenship as per 3 yr rule.

The case with the date is like

Got married on july 2011
I became citizen on feb 2012
she will be coming to us with GC on may be may 2012 (hopefully by gods grace)
if she want to apply for citizenship, she can apply by march 2015 (90 days before 3yrs).

I know I have a long way to go. but just for my information as I proceed. Thanks for all your help.

On the day she files she must meet all the requirements. On that day, you need to be a USC for a FULL three years and she must meet all the rest as described in the law. So, by the time you are a USC for three years will she be eligible under the regular 5 year rule? It would require LESS Evidence for her to come up with.