Permenant Resident married to citizen but not living in US

[NMskier]

My wife is a Permanent Resident, and holds a 10 year card. Her 10 year card will expire in 2 years.. We have been married for a decade, and we have 2 sons who are US citizens.

She wants to become a citizen, but we recently moved out of the US, so she has not lived in the US continuously for the 5 years, though we do maintain an address there.

What options are there for her to become a citizen? And will we have to move back for her to apply?

[rayb]

The "continuous residency" requirement for Naturalization eligibility requires reasonably consistent stay in the U.S. for 3 years (if married to a U.S. citizen). You mention "5 years" as you assumption of her required "continuous residency." Is it possible that you were not aware of the 3-year eligiblity option for spouses of U.S. citizens?

--Ray B

My wife is a Permanent Resident, and holds a 10 year card. Her 10 year card will expire in 2 years.. We have been married for a decade, and we have 2 sons who are US citizens.

She wants to become a citizen, but we recently moved out of the US, so she has not lived in the US continuously for the 5 years, though we do maintain an address there.

What options are there for her to become a citizen? And will we have to move back for her to apply?

[NMskier]

She's live continuously in the US for more than 3 years, but has not been in the US recently.

[rayb]

If she has only been outside of the U.S. less than a year, you might still meet the 3-year continuous residency criteria, which allows for up to half of that 3 years being outside the U.S. while maintaining a U.S. domicile.

But the obstacle might be explaining why she exceeded six months outside of the U.S. in single periods.

Your description of the problem is a little hard to respond to when you imply that "5 years" in the U.S. and "recent" departure are her barriers to applying for U.S. citizenship.

How long has it been since your wife was in the U.S.?

If your wife has no intention of returning to the U.S. long enough to meet the Naturalization requirements, perhaps she should reconsider her need for U.S. citizenship.

--Ray B

She's live continuously in the US for more than 3 years, but has not been in the US recently.

[NMskier]

Your description of the problem is a little hard to respond to when you imply that "5 years" in the U.S. and "recent" departure are her barriers to applying for U.S. citizenship.

well, because she has been living in the US for a decade, but only recently did we move.

How long has it been since your wife was in the U.S.?

we moved about 8 months ago, but we have been back and forth a lot, and we were in the US a few weeks ago.

If your wife has no intention of returning to the U.S. long enough to meet the Naturalization requirements, perhaps she should reconsider her need for U.S. citizenship.

Basically, so we can enter and leave the US without a major hassle or applying for Visa's, etc. I don't even know what other status we could apply for. And in case something ever happened to me, I don't want her to have a hassle every time she visits the US.

[rayb]

It seems to me that you want your wife to have U.S. citizenship. All that is stopping her is that she is outside the U.S. now and hasn't applied for citizenship. The solution seems pretty clear. She has to return to the U.S., submit an N-400 Naturalization application, and hang around long enough to complete Biometrics and then then the interview and test.

--Ray B

well, because she has been living in the US for a decade, but only recently did we move.

we moved about 8 months ago, but we have been back and forth a lot, and we were in the US a few weeks ago.


Basically, so we can enter and leave the US without a major hassle or applying for Visa's, etc. I don't even know what other status we could apply for. And in case something ever happened to me, I don't want her to have a hassle every time she visits the US.

[NMskier]

It seems to me that you want your wife to have U.S. citizenship. All that is stopping her is that she is outside the U.S. now and hasn't applied for citizenship. The solution seems pretty clear. She has to return to the U.S., submit an N-400 Naturalization application, and hang around long enough to complete Biometrics and then then the interview and test.

--Ray B

how long does that take, and will I need to be there as well?

[rayb]

About 6 monts to complete. If your wife applies under the "5-year rule," you do not have to accompany her to the interview.

--Ray B

how long does that take, and will I need to be there as well?

[ravi_niu]

Permenant Resident married to citizen but not living in US

Even under the 3 year rule the spouse does not have to accompany the petitioner to the citizenship interview. In fact spouses are not allowed at the interview, only the petitioner. You have that wrong Ray B

I am speaking from personal experience.

[rayb]

Ravi,

I may be confusing the 3-year Naturalization interview with Removal of Conditions, at which time the spouse, if still marrried, must be at the interview.

At the 3-year Naturalization interview, much of the interview is about legitimacy of the marriage and proof of living together.

I do a couple of naturalization packages a month, and my memory now is of them going together, but perhaps not interviewed together. I do recall that at my wife's Naturalization interview,about 19 years ago, I was not there.


--Ray B

Even under the 3 year rule the spouse does not have to accompany the petitioner to the citizenship interview. In fact spouses are not allowed at the interview, only the petitioner. You have that wrong Ray B

I am speaking from personal experience.

[NMskier]

Will she need to bring something that proves residence, like bank accounts and things in her name? All of the bills are in my name, but she is on the bank accounts.

[rayb]

At the 3-year Naturalization interview, much of the questions are to obtain proof of living together and sharing financial affairs. Two things stand out in any feedback after such interviews: both names on rental or lease agreements and jointly-filed income tax returns, followed by joint accounts and shared health plans.

--Ray B

Will she need to bring something that proves residence, like bank accounts and things in her name? All of the bills are in my name, but she is on the bank accounts.

[NMskier]

well, we've got the joint tax returns and joint bank accounts