Question about 3 years rule.

[maryces21 0]

My friend married a US citizen in September 2006 and got her green card in June 2007. Then in December 2007, he went to jail and, he has been in jail since then. They are still married and she goes to visit him every other weekend. He is about to go out of jail in 2 more months. Now, my question is Can she apply for US citizen based on the three year marriage rule? They are together, and she lives with his parents since he went to jail. They write each other and talk on the phone all the time. Do you think they would have any problems, since they are not physically living together?

[Udella&Wiz 325]

My friend married a US citizen in September 2006 and got her green card in June 2007. Then in December 2007, he went to jail and, he has been in jail since then. They are still married and she goes to visit him every other weekend. He is about to go out of jail in 2 more months. Now, my question is Can she apply for US citizen based on the three year marriage rule? They are together, and she lives with his parents since he went to jail. They write each other and talk on the phone all the time. Do you think they would have any problems, since they are not physically living together?

Hmm...I guess technically they've been married...although they have not been co-habiting, not sure how she's show proof of marriage the way most of us do through documents showing the same address....have they filed tax jointly? I suppose if they had an interview they'd better hope it was after he got out?

Regardless she's going to have to file or else she will be out of status.

Not for me to judge but obviously this is a sticky situation, sounds dicey.

[Deb+Steve 13]

Is the Q related to Citizenship or ROC?

[maryces21 0]

Is the Q related to Citizenship or ROC?

Citizenship. She have her conditions removed last year with no problem. They had filed their taxes together.

[Bobby+Umit 161]

Citizenship. She have her conditions removed last year with no problem. They had filed their taxes together.

Requirements only state - married to an USC - and living in the US (basically).

So I think she's good to go.

[venusfire503 54]

I don't know if anyone will be able (or willing) to answer this one from experience. I would imagine, especially since she removed conditions, that it wouldn't be a problem. I suggest, just to be extra cautious, that they wait until he actually gets out to send the packet, though - just in case. The only problem I can imagine is "guilt by association" - someone could potentially raise a red flag about whatever reason the husband went to jail - wondering if she was involved or whatever (however fair or unjustified that may be). I don't think that, unless she was also investigated/charged/whatever, that could be considered a problem with the "good moral character" part of it. I don't know for sure, though.

As far as evidence of the relationship goes, the taxes would help (and are required). Also, any letters, pictures (if that's possible), gifts, phone records.... I would have her just treat his prison stay the same way you would the original long distance relationship - or the same as a couple physically separated for school, work, or any other reason. Gather the same evidence as in all those cases. Is his name still listed on the lease/mortgage/car? Do they have any children together? I imagine it's likely they have some evidence from before he went to jail. That's another reason to maybe wait a little (since there's no deadline) - they can add more evidence after he's released as well.

Hope that helps....

venusfire

[Brother Hesekiel 2,236]

I'd say the application can either way. What does she have to lose? Either $645 or 2 years. If I wanted the US citizenship so badly, I'd go for it . . .