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When can I file for my Wife's Citizenship?

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  • When can I file for my Wife's Citizenship?

    So, I am a Naturalized US Citizen, Naturalization date being June 2022.
    My wife has been a Green Card holder since April 2021.
    Now I was thinking to start the process for her Citizenship. Since I am a citizen and she can file for her citizenship though marriage, after 3 years of receiving the Green card (90 days prior we can start the process).
    All these 3 years she was married to me and we were living in the US together.

    So, can we file for her Citizenship (through marriage) even though I received my Citizenship on June 2022? Or do I need to be a Citizen for 3 years?
    Please suggest with some valid information source (preferably the USCIS website).
    This is urgent!!
    Thanks a lot in advance for your help.
    Last edited by statguy07; 01-19-2024, 06:10 PM.

  • #2
    You need to have been a US citizen for 3 years in order for her to be eligible to naturalize under the 3- year rule. So that would be some time in June 2025.

    She is eligible for naturalization under the 5-year rule 90 days before she has been a permanent resident for 5 years, so that would be some time in January 2026. So the 3-year rule would be about half a year faster.

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

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    • #3
      Thanks. Then March 2025 it is!!

      Comment


      • #4
        Originally posted by statguy07 View Post
        Thanks. Then March 2025 it is!!
        I never said March 2025. The 90-day early filing only means you can file 90 days before meeting the (3-year) continuous residence requirement. N-400 INSTRUCTIONS, page 4, says:
        Early Filing. An applicant filing under the general naturalization provision (section 316(a) of the INA) may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as a lawful permanent resident (LPR). An applicant filing as the spouse of a U.S. citizen under section 319(a) of the INA may file up to 90 days before meeting the required 3-year period of continuous residence as an LPR. Although an applicant may file early according to the 90-day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3- or 5-year period of continuous residence as an LPR. Applicants filing up to 90 days before meeting the continuous residence requirement must still meet all other requirements for naturalization at the time of filing Form N-400. For example, an applicant filing under section 319(a) of the INA must meet all other requirements as the spouse of a U.S. citizen at the time of filing.​
        I interpret "all other requirements" to include the requirement that the spouse must have been a US citizen for 3 years.

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

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