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I am a permanent residence (PR) right now. I want to file I-30 right now for my spouse while my status is permanent residence.

Los Angeles, CA |

After one month I can file my citizenship. I have a confusion. If i file petition right now and I become citizen while the case is still in process, my case will move to citizen category but will my spouse get citizenship in 3 years or 5 years?
Is it 5 years because i filled application while I am PR? or
is it 3 years because I became Citizen before the case is over?

Attorney Answers 4


  1. Repeat question. See my answer to your previous question.


  2. It depends upon her status then. Currently, she needs to get a greencard. Best Wishes!

    My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.


  3. If you can become a citizen so soon ... I suggest you consider holding off on the I-130.

    You didn't mention your spouse's citizenship, nor status in the US, this is a very important set of facts to have left out.

    The 3 year rule should apply.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. Whether your spouse can apply for citizenship 3 years or 5 years after she obtains her PR status depends on her status then. It is not based on HOW she got her PR status (ie, whether you petitioned for her as a PR or as a citizen is not relevant). If she is married and living with a US citizen 3 years after obtaining her PR status then she can apply for citizenship.

Form I-130 (alien relative) topics

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