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Citizenship 3 years or 5 yers rule

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  • Citizenship 3 years or 5 yers rule

    Hi guys
    Anyone knows when my wife can apply for citizenship, we married over 8 years, she gor her greencard in 2020 while i was alien resident, I got my citizenship in 2022, is she eligible to apply for her naturalization after 3 or 5 years since Iam US ciitizen now, anyone knows? Thanks

  • #2
    To be eligible under the 3-year rule, she needs to have been continuously resident as a permanent resident for the last 3 years (and can file 90 days before reaching that), and she needs to have been married to the same person for 3 years, and her spouse (you) needs to have been a US citizen for 3 years. The last condition to be met would be you becoming a US citizen, so the earliest she can file under the 3-year rule is 3 years after the date you naturalized. All the requirements other than continuous residence need to have been met on the date she files. 3 years after the date you naturalized would be some time in 2025. But she would be eligible to file under the 5-year rule 90 days before she has been a permanent resident for 5 years, and that would also be some time in 2025. Without knowing the exact dates of when she became a permanent resident and when you naturalized, I can't tell which one is faster. It might be easier to file under the 5-year rule anyway even if the 3-year rule is slightly faster, since there's less evidence involved.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Your wife is completely qualified to apply for citizenship. Please rest assured

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      • #4

        Your wife can potentially apply for US citizenship three years after your naturalization as a spouse of a US citizen, based on the information you provided. Here's why:
        1v1 lol
        Marriage to a US citizen: When married to a US citizen, the standard five-year green card residency requirement for naturalization can be reduced to three years under certain conditions.
        Your naturalization: Since you became a US citizen in 2022, the three-year window for your wife's eligibility opens from that date. This means she could be eligible to apply for naturalization as early as 2025.
        However, some additional factors may affect her eligibility:

        Continuous residence: Your wife must have maintained continuous US residence since obtaining her green card in 2020.
        Physical presence: She must have been physically present in the US for at least half of the three years before filing the naturalization application.
        Good moral character: She must meet the good moral character requirement, which assesses her past conduct and adherence to US laws.
        To confirm her eligibility and get specific instructions, your wife should:

        Visit the USCIS website for information on naturalization for spouses of US citizens:
        Schedule an appointment with a USCIS immigration officer to discuss her specific situation.
        Consult with an immigration attorney for professional guidance, especially if there are any complexities in her case.
        Remember, while this information is based on your situation, it's not a substitute for professional legal advice. Seeking guidance from USCIS or an immigration attorney will ensure your wife takes the correct steps toward obtaining US citizenship.

        I hope this information helps!​

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