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matrix66

Filing US Citizenship thru US CitizenSpouse

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Hi All,

I have a question about filing for US citizenship for my mom. My mom and dad both became permanent residents by naturalization thru family based immigration process back in 2001. My dad became US citizen in 2007, however, my mom couldn't keep her perm resident status then and had to leave the country and stayed overseas for over 2 years to take care of some stuff and I had to reapply for her immigration in 2011 and she immigrated to US again in 2012. My mom is now permanent resident since Feb 2012.

I need to know that can she apply for citizenship based on the criteria below mentioned in the form N-400? She does fulfill the 3 year time period requirement mentioned below in the form. Please advise.

Part 1 Information About Your Eligibility:

Have been permanent resident of the United States for at least 3 years. In addition, you have been married to and living with the same US citizen spouse for the last 3 years and your spouse has been a US citizen for the last 3 years at the time of filing your form N-400.

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I don't understand the question. If you mom is still married to your dad and living in the US in the last 3 years, she is qualified. What part of it concerns you?

My concern was since I was the one who sponsored her and she became perm resident, does this mean she would need to apply thru me meaning that in that case she would need to wait for 5 years altogether in order to be eligible to apply for US citizenship? However, by reading at the criteria listed in Part 1 of the N-400, it looks like she can apply using her spouse (my dad's status, who's is a US citizen). I wasn't sure about that, that is why I posted my question to be sure before she applies for her citizenship, so her application doesn't get denied.

Hi,

Your mom qualifies under the 3 years rule.

In the 3 years before applying, 1) she was an LPR, 2) she has been married to a USC, and 3) she been living with the USC spouse.

All good to go.

Thanks a lot Aaron2020.

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My concern was since I was the one who sponsored her and she became perm resident, does this mean she would need to apply thru me meaning that in that case she would need to wait for 5 years altogether in order to be eligible to apply for US citizenship?

No.

However, by reading at the criteria listed in Part 1 of the N-400, it looks like she can apply using her spouse (my dad's status, who's is a US citizen).

Yes.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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