citizenship application

[cebujessica70 2]

Hello,

My son is a green card holder for 3 yrs. and he acquired it when i married my US Citizen husband. He went back to Philippines and stayed there for 5 months, he came back here in January 30, 2014. My question is, can he apply for a US citizenship even if he went back to Philippines for 5 months?

If you have the same experience or knowledgeable about it ....kindly share. I appreciate your help..

Thank you,

Jessica

[cebujessica70 2]

Hello,

My son is a green card holder for 3 yrs. and he acquired it when i married my US Citizen husband. He is now 22 yrs old. He went back to Philippines and stayed there for 5 months, he came back here in January 30, 2014. My question is, can he apply for a US citizenship even if he went back to Philippines for 5 months?

If you have the same experience or knowledgeable about it ....kindly share. I appreciate your help..

Thank you,

Jessica

[NigeriaorBust 4,087]

He has to wait until 5 years of green card only you can use the 3 year rule.

[cebujessica70 2]

Hi NigeriaorBust,

Thanks for ur quick reply. May i know what did u mean about 3 year rule?

Thanks,

Jessica

[JimmyHou 611]

Hello,

My son is a green card holder for 3 yrs. and he acquired it when i married my US Citizen husband. He went back to Philippines and stayed there for 5 months, he came back here in January 30, 2014. My question is, can he apply for a US citizenship even if he went back to Philippines for 5 months?

If you have the same experience or knowledgeable about it ....kindly share. I appreciate your help..

Thank you,

Jessica

How old is your son?

-If he is over 18 then, as mentioned above he will have to wait for five years since the date he became a permanent resident to file an N400 naturalization application.

-If he is under 18 years old, then he's not eligible to file for naturalization. However if he is under 18 on the day that you become a US citizen (and he is at that time still a permanent resident and living with you), then he will automatically become a US citizen regardless of the five-month trip to the Philippines.

[biaobiao 40]

If the immigrant is a spouse of a US citizen. You an apply for naturalization provided you have been married for 3 years with the same spouse who petitioned for you; was physically in the US for 18months. And you can file in the state you currently reside for atleast 6 months...

[cebujessica70 2]

Hi JimmyHou,

He came to US as Permanent Resident when he was only 17 yrs old. When i applied for Citizenship he was already 19 yrs. old so did not automatically became US due to over age. He stayed in US as Permanent Resident from 2010- 2013, he went back to Philippines for 5 months to pursue college but got discouraged after Typhoon Yolanda hit our place. It's been 1 yr now that he's here in US since he got back from Philippines, and wondering if he can still apply for Citizenship even if he got out of US for 5 months. I thought he only waits 3 yrs to apply citizenship because he acquired his Green Card when my US citizen husband petitioned him when he was 17 yrs old.

Thank u for your insights!

Jessica

[aleful 1,905]

hi

nope, the 3 year rule is only for spouses of USC

children or stepchildren of a USC or LPR have to wait 5 years to file for citizenship

unless as stated you became a USC before he turned 18, then he would have derived your citizenship.

[aleful 1,905]

also

he cannot derive citizenship from stepparents

it is only from biological or adoptive parents. if he had adopted your son before 18, then yes he would have derived citizenship, but since he didn't he would have had to derive citizenship from you.

[cebujessica70 2]

Thank you guys so much for all your answers to my questions. I really appreciate it very much. Thank you Visajourney!

[JimmyHou 611]

hi

nope, the 3 year rule is only for spouses of USC

children or stepchildren of a USC or LPR have to wait 5 years to file for citizenship

unless as stated you became a USC before he turned 18, then he would have derived your citizenship.

No, sorry, it's five years unless he's the one who's married to a US citizen.

also

he cannot derive citizenship from stepparents

it is only from biological or adoptive parents. if he had adopted your son before 18, then yes he would have derived citizenship, but since he didn't he would have had to derive citizenship from you.

I could be wrong, but I believe that the adoptive relationship would've had to take an effect before the child reaches the age of 16, not a team for citizenship to be derived through an adoptive parent.

[JimmyHou 611]

If the immigrant is a spouse of a US citizen. You an apply for naturalization provided you have been married for 3 years with the same spouse who petitioned for you; was physically in the US for 18months. And you can file in the state you currently reside for atleast 6 months...

Just one correction You do not have to be married to the same spouse who petitioned you initially for a green card in order to apply under the three-year rule Technically, you can be petitioned by a US citizen spouse, get a divorce, marry another US citizen and apply after three years of marriage. However for all that to happen, it's incredibly unlikely that you wouldn't have already past five years as a permanent resident, so while it would be technically possible to apply under the three-year-old, it would be much easier to apply under the five-year rule. Such a situation would definitely raise eyebrows and probably cause the interviewer to dig into your case, but it is technically legal.

[biaobiao 40]

Just one correction You do not have to be married to the same spouse who petitioned you initially for a green card in order to apply under the three-year rule Technically, you can be petitioned by a US citizen spouse, get a divorce, marry another US citizen and apply after three years of marriage. However for all that to happen, it's incredibly unlikely that you wouldn't have already past five years as a permanent resident, so while it would be technically possible to apply under the three-year-old, it would be much easier to apply under the five-year rule. Such a situation would definitely raise eyebrows and probably cause the interviewer to dig into your case, but it is technically legal.

That is what i understood as to what uscis posted. Thank you for giving other scenarios though.

A. General Eligibility​ for Spouses Residing in the United States​

​

The spouse of a ​U.S.​ citizen who resides in the ​United States​ may be eligible for naturalization on the basis of ​his or her ​marriage​.​ [1] ​The spouse must ​have continuously resided in the ​United States​ after ​be​coming​ a​n LPR ​for at least three years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those three years.​

​

The spouse must establish that he or she meets the following criteria in order to qualify:​ ​

​

A​ge 18 or older​ at the time of filing​.​

​

LPR at the time of filing the naturalization application​.​

​

Continue to be the spouse of the U.S. citizen up until the time the applicant takes the ​O​ath of ​A​llegiance​.​

​

L​iving in marital union with the citizen spouse for at least three years ​preceding ​the time of filing the naturalization application​ (the citizen spouse must have been a U.S. citizen for those three years)​.​

​

Continuous residence​ in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization​.​

​

P​hysically present in the United States for at least 18 months​ (548 days)​ out of the three years immediately preceding the date of filing the application​.​

​

Living​ within the ​s​tate or USCIS district with jurisdiction over the applicants place of residence​ ​for at least three months prior to the date of filing​.​

​

Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage​.​ ​

​

Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics)​.​

​

D​emonstra​te​ ​good moral character for at least three years prior to filing the application ​until the time of​ ​naturalization​.​

​

A​ttachment to the principles of the U.S. Constitution an​d ​well-disposed​ to the good order and happiness of the U​nited States​ during all relevant periods under the law.​

​

The spouse of a ​U.S.​ citizen residing in the ​United States​ may also naturalize under the general naturalization provisions for applicants who have been LPRs for at least five years.​ [2] In addition, ​in some instances ​the spouse of a member of the U.S. armed forces​ applying pursuant to ​INA ​319(a) or ​INA ​316(a) ​may be eligible for ​any naturalization proceeding abroad, to include interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization​.​ [3]

​

B. Living in ​Marital Union for Spouses Residing in the United States​

​

The spouse of a ​U.S.​ citizen residing in the ​United States​ must have been living in marital union with his or her citizen spouse for at least three years ​immediately ​preceding​ ​the time of filing the naturalization application.​ ​This p​rovision requires that the spouse live in marital union with the citizen spouse during the entire period of three years ​before ​filing​.​

​

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.​

​

USCIS follows the language of the statute in requiring marital union only up until the time of filing.​ [4] Accordingly, only the existence of a legally valid marriage is required from the date of ​filing the application ​until the time of the applicants naturalization.​ [5]

​

A person who was a spouse subjected to battering or extreme cruelty by their citizen spouse is exempt from the marital union requirement.​ [6]

[Enigma11561 336]

To reply specifically to his being outside for 5 months and will this affect his citizenship later on..the answer is no. You can enter and leave as many times as you want..but you will need to keep track of those trips as they will need to be put on the application. What is more important is being in the US more than being outside.

[JimmyHou 611]

That is what i understood as to what uscis posted. Thank you for giving other scenarios though.

A. General Eligibility​ for Spouses Residing in the United States​

​

The spouse of a ​U.S.​ citizen who resides in the ​United States​ may be eligible for naturalization on the basis of ​his or her ​marriage​.​ [1] ​The spouse must ​have continuously resided in the ​United States​ after ​be​coming​ a​n LPR ​for at least three years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those three years.​

​

The spouse must establish that he or she meets the following criteria in order to qualify:​ ​

​

A​ge 18 or older​ at the time of filing​.​

​

LPR at the time of filing the naturalization application​.​

​

Continue to be the spouse of the U.S. citizen up until the time the applicant takes the ​O​ath of ​A​llegiance​.​

​

L​iving in marital union with the citizen spouse for at least three years ​preceding ​the time of filing the naturalization application​ (the citizen spouse must have been a U.S. citizen for those three years)​.​

​

Continuous residence​ in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization​.​

​

P​hysically present in the United States for at least 18 months​ (548 days)​ out of the three years immediately preceding the date of filing the application​.​

​

Living​ within the ​s​tate or USCIS district with jurisdiction over the applicants place of residence​ ​for at least three months prior to the date of filing​.​

​

Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage​.​ ​

​

Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics)​.​

​

D​emonstra​te​ ​good moral character for at least three years prior to filing the application ​until the time of​ ​naturalization​.​

​

A​ttachment to the principles of the U.S. Constitution an​d ​well-disposed​ to the good order and happiness of the U​nited States​ during all relevant periods under the law.​

​

The spouse of a ​U.S.​ citizen residing in the ​United States​ may also naturalize under the general naturalization provisions for applicants who have been LPRs for at least five years.​ [2] In addition, ​in some instances ​the spouse of a member of the U.S. armed forces​ applying pursuant to ​INA ​319(a) or ​INA ​316(a) ​may be eligible for ​any naturalization proceeding abroad, to include interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization​.​ [3]

​

B. Living in ​Marital Union for Spouses Residing in the United States​

​

The spouse of a ​U.S.​ citizen residing in the ​United States​ must have been living in marital union with his or her citizen spouse for at least three years ​immediately ​preceding​ ​the time of filing the naturalization application.​ ​This p​rovision requires that the spouse live in marital union with the citizen spouse during the entire period of three years ​before ​filing​.​

​

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.​

​

USCIS follows the language of the statute in requiring marital union only up until the time of filing.​ [4] Accordingly, only the existence of a legally valid marriage is required from the date of ​filing the application ​until the time of the applicants naturalization.​ [5]

​

A person who was a spouse subjected to battering or extreme cruelty by their citizen spouse is exempt from the marital union requirement.​ [6]

Absolutely right... those are the requirements ... I don't think there's anything in there about being married to the person who originally petitioned you... unless I missed it!