Can she apply for her citizenship after 3 years since she is married to a US citizen or would she need to wait full five years to apply.
If you have been a U.S. citizen for the past three years, and you have been living with your spouse for the past three years, and she is over 18, then she can apply for citizenship after three years. The key requirement is that she has been a lawful permanent resident for three years, which she will be. I have included two links that clarify the requirements.
I hope this helps and may God bless you!
This response is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Questions and answers posted to this forum are public and cannot be kept confidential. Although admitted in DC, I currently reside in Texas and I am authorized to practice U.S. immigration law worldwide..
I agree with attorney Mulder. She must wait five years since her LPR status was granted through an employment based petition. Consult with an immigration attorney to go over the specific facts of your case. Good luck.
Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at [email protected] All initial constulations are free.
Thank you for posting your question.
If your wife is an LPR, and you are a U.S. citizen, then she may be eligible to apply for naturalization under the reduced continuous residence/physical presence requirements of INA 319(a), providing certain requirements are met.
In order to qualify under the reduced requirements of INA §319(a):
■the LPR must be married to a U.S. citizen (USC);
■the LPR must have been living in marital union with the USC for the required continuous residence period; and
■the USC must have been a USC for the required continuous residence period.
A frequently occurring scenario is when a foreign national obtains their LPR status through employment and then later marries a U.S. citizen. Under this scenario, the LPR is also able to benefit from reduced requirements under INA §319(a) when applying for naturalization. However, calculating when the LPR fulfills the required three year continuous residence requirement isn’t quite straightforward.
For example, Jaime Senal, obtained his LPR status through his employer in February 2009. In April 2009, after a whirlwind courtship, Jaime married Bella Rose, a U.S. citizen. The couple remains married and are living together in their marital home. Given this scenario, assuming Jaime is otherwise eligible for naturalization, by utilizing the provisions of INA §319(b), Jaime is eligible for naturalization in April 2012 (but can apply in January 2012, 90 days prior to fulfilling the continuous residence requirement).
In order to properly determine when your wife can apply for naturalization, and to confirm that she meets all the requirements of naturalization, you may want to consult with an experienced immigration attorney for a detailed consultation.
Nisha V. Fontaine, Esq.
Serotte Reich Wilson, LLP
Email: [email protected]
My Website: www.familytousa.com
Firm Website: www.srwlawyers.com
Firm's Border Website: www.srwborderlawyers.com
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline