Can my wife apply for citizenship anytime after three years?

[dwegele 0]

I hope someone can help me resolve this. Svetlana and I have been married since 11/2009. I just sent in some additional documents for her 10-year green card. One of her friends told her that she has to apply for citizenship now, or the goverment will not think she wants to be citizen. My understanding is that if you are married to a U.S. citizen you can apply after three years. This doesn't mean you have to. To me it doesn't make any difference if you apply four, five, ... years later. Is my thinking correct? She's insisting that it will only cause problems if she doesn't apply now.

It's not that I don't want her to be a citizen sooner, I'm between jobs right now and I don't want to pay $680 until I am working again.

Thanking you in advance for any information concerning this matter.

[Harpa Timsah 13,258]

She can apply if and when she wants to. There is no window. You are right and your friend is wrong.

Edited June 20, 2013 by Harpa Timsah

[skiptex 225]

i understand it.. that after 3 years.. you can apply.. BUT you don't have to apply

maybe i misunderstand.. however.. i am still waiting for WIFE AOS.. So.. i will keep eye on this thread

[John9981 9]

She can apply anytime after 3yrs or not apply at all. There's no restriction. But $680 fee will likely to go up in the future though so if you are planning on it, maybe it's cheaper to do it soon.

Edited June 20, 2013 by chox99

[aaron2020 11,651]

Her friend is wrong.

There is nothing wrong if she does not want US citizenship or is not ready to file.

No one is forced to be a US citizen.

Many couples have a USC spouse and long time LPR spouse.

Your wife could remain an LPR for the rest of her life. It doesn't matter.

The big reason people rush to get US citizenship around here is to petition as a USC for parents and siblings.

The other reason is that USC have the right to live and work in the US. The person can never be forced to leave the US. An LPR status can be revoked an the person deported.

The US government does not care if your wife files for US citizenship immediately after she qualifies or never. Your wife's friend has no idea what she is talking about.

Edited June 20, 2013 by aaron2020

[happilycontent 16]

She doesn't have to apply at all if she doesn't want to. I'm just barely applying for US citizenship and I've been here as a legal permanent resident for over 5 years. My sister in law was a permanent resident for 20+ years before she applied for US citizenship. Your wife's friends are wrong.

[Dave&Roza 748]

I hope someone can help me resolve this. Svetlana and I have been married since 11/2009. I just sent in some additional documents for her 10-year green card. One of her friends told her that she has to apply for citizenship now, or the goverment will not think she wants to be citizen. My understanding is that if you are married to a U.S. citizen you can apply after three years. This doesn't mean you have to. To me it doesn't make any difference if you apply four, five, ... years later. Is my thinking correct? She's insisting that it will only cause problems if she doesn't apply now.

It's not that I don't want her to be a citizen sooner, I'm between jobs right now and I don't want to pay $680 until I am working again.

Thanking you in advance for any information concerning this matter.

As long as she remains married to you and meets all the resedency requirements and you have been a USC for 3 years and she has been a LPR for 3 years she can file anytime from 90 days before the 3 year period. Now if for some reason the two of you get divorced, she would have to wait until she has been a LPR for 5 years. So it is 3 to 5 years married to a USC and anytime after 5 years for all cases with no time limit at all. The only problems that can happen is if she decides to remain outside the US for an extended period of time. As a LPR she must follow the residency rules or risk loosing the GC. As a USC she can remain outside the US as long as she likes.

Good luck,

Dave

[NigeriaorBust 4,087]

yes you could apply , we married after you and Joseph just became a USC but if that is not on your 101 things to do this summer it can wait and you can spend the money at the beach.

[Autumnal 25]

As long as she meets the minimum criteria for filing for naturalization, there is no deadline she must file by. She can file immediately at the three years minus 90 day mark, or she could wait thirteen years. It's really a personal decision. Her friend is wrong, and you can do what is best for you two.

I waited seven years (!) to file, in part because I didn't realize that I could file after three years of marriage; then, because I divorced my spouse. The time had no bearing on my case. No one asked me about the delay in my interview, biometrics, etc. The only delays came from the processing centre that serves all the Midwest.

[Amanda Lynn 3]

As long as she meets the minimum criteria for filing for naturalization, there is no deadline she must file by. She can file immediately at the three years minus 90 day mark, or she could wait thirteen years. It's really a personal decision. Her friend is wrong, and you can do what is best for you two.

I waited seven years (!) to file, in part because I didn't realize that I could file after three years of marriage; then, because I divorced my spouse. The time had no bearing on my case. No one asked me about the delay in my interview, biometrics, etc. The only delays came from the processing centre that serves all the Midwest.

What do you mean minus the 90 day mark?

[Ladylethal 12]

Her not applying right as the window opens has no bearing on USCIS thinking she doesn't want to be a citizen. She can apply whenever she wants if she meets the requirements, or she can remain a resident indefinitely (as long as she maintains her residency requirements).

[Ban Hammer 13,709]

What do you mean minus the 90 day mark?

this thread you are replying to is over a year old. and the member you are addressing was on last about 9 months ago.

as this is essentially a zombie thread, it is now closed.