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**Arcticfox** · 06-13-2009, 01:01 PM

If it's been 5 years since your wife received her GC, then she can apply. However since she's been in India for what seems most of the past 5 years she may be denied. First she needs to be physically present in the U.S. for half the time in the prior 5 years (30 of the 60 months). Second, if she was gone for 6 months straight at any time in the previous 5 years she needs to establish she didn't abandon her residency during that absence.

As for yourself you can at least start with filing the I-130 form, but as the spouse of an LPR (from India I'm guessing), a visa may not be available to you. You would be denied if you applied for a GC then.

You can check out the various links on this site regarding family based immigration for more information or contact the CIS to schedule an appointment to speak directly with an Immigration Information Officer.

Originally posted by sudsapusa View Post

I am on H1B until September 2009 (my first 3yrs of H1B). My fiancee who got GC like 5 years ago, but she was in India all this time completing her studies. In these 5 yrs she was visiting USA for 1 month vacations. We got married in May 2009 in India and came to USA.

Does my fiancee will be eligible to apply for citizenship sometime soon (that will be 5 yrs since she got her GC)?

Please suggest me some of the options that I have?
What is the procedure to apply for GC,forms I need to fill in and documents I need to procedure with the applications?

I would appreciate if someone can provide some guidance & a list of forms & documents required to file the application.

Waiting for your valuable suggestion...Thanks in Advance

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H1B married to GC

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