Naturalization due to hubby or on my own

[Lika 0]

Hello,

I immigrated here due to marriage with the US citizen five years ago. I came here on a K1 visa (fiance) and am holding a permanent, 10 year GC currently. I could have applied for the US citizenship long time ago but school keeps me very busy. Now, we will be celebrating our fifth anniversary. I've heard people say that if you wait too long and you are over five year mark and then apply for the citizenship you would have to apply on your own. Meaning that marriage is not a reason for receiving a US citizenship. I would have to fill out everything on my own, husband not included. So, if that's true then what kind of income should I show as a full-time student who does not or occasionally works on campus? Would I have a problem there? I depend on my husband but if naturalization has to be done alone then I could not show any income.

p.s. we file our tax returns together.

Thanks for your input

Lika

[Ted46 2]

Simply put, if you apply for naturalization, you can apply

- after 3 years if you got a greencard due to marriage OR

- after 5 years if you got your greencard any other way

If you apply for naturalization after being a permanent resident for 3 years, the naturalization interview will focus quite a bit on whether your marriage was real, bona-fide etc.

If you apply for naturalization after being a permanent resident for 5 years, you do not have to prove your eligibility on the basis of marriage.

Regardless of whether you got your greencard due to marriage or any other reason, if you have been a permanent resident for 5 years, claiming eligibility due to being a permanent resident for 5 years generally makes the naturalization process a bit easier (USCIS form N400, page 1, part 2, choice A is the ideal one if you can).

Take a look at USCIS form N400, you do not have to prove how you pay for your lifestyle, but rather that you paid taxes if applicable and did not break any laws.

Edited May 29, 2010 by Ted46

[Ted46 2]

PS: Looking at your timeline, I am not sure if you mean your 5 year wedding anniversary. If you choose the 5 year option on USCIS form N400, please make sure that the date shown on your greencard (Permanent resident since ...) plus 5 years has passed.

[payxibka 10,045]

Hello,

I immigrated here due to marriage with the US citizen five years ago. I came here on a K1 visa (fiance) and am holding a permanent, 10 year GC currently. I could have applied for the US citizenship long time ago but school keeps me very busy. Now, we will be celebrating our fifth anniversary. I've heard people say that if you wait too long and you are over five year mark and then apply for the citizenship you would have to apply on your own. Meaning that marriage is not a reason for receiving a US citizenship. I would have to fill out everything on my own, husband not included. So, if that's true then what kind of income should I show as a full-time student who does not or occasionally works on campus? Would I have a problem there? I depend on my husband but if naturalization has to be done alone then I could not show any income.

p.s. we file our tax returns together.

Thanks for your input

Lika

I would think it musch simpler if you are eligible on your own..

No affidavit of support required for citizenship... income (or lack thereof) is not a concern

[NickD 203]

I've heard people say that if you wait too long and you are over five year mark and then apply for the citizenship you would have to apply on your own.

Your statement to apply on your own struck me as to how the USCIS operates, only time we applied together and as a family where I had some say in that matter was during our AOS process. With the I-751 and N-400, my wife was considered to be on her own. But for both forms with the three year marriage, she had to provide lots of evidence with my name on it and hers as well, but I had zero participation in this process. Thought I should least be able take part in this since my name was on all the evidence, my divorce and previous marriage, my income, etc.

Did join my wife at her interview, but was left ignored in the waiting room. Didn't want to meet me or even say hi, just wanted to see my papers.

In either case, for the 3 or 5 year, you still are applying alone, have to fill out the form the same way, all ten pages of it, but only have to supply your tax returns as evidence. In my wife's case still would have been joint tax returns.

While you have to fill out information about your spouse, proof of US citizenship, legal documentation that previous marriage/s were dissolved, marriage certificate, joint ownership of property, bank accounts, insurance, etc., is not required for the five year. Not even sure why it was required for the three year, THEY ALREADY GOT ALL THAT STUFF!

But still have to send in a copy of your green card and that check for 675 bucks and still have to show all that information on the form. Just wonder whoever thought about all this spend a couple of minutes thinking it out.

For the 5 year, cannot apply until you are within 90 days of the 5th anniversary of the initial date on your green card. Been years since that card was green, but they still call it that.

[Lika 0]

PS: Looking at your timeline, I am not sure if you mean your 5 year wedding anniversary. If you choose the 5 year option on USCIS form N400, please make sure that the date shown on your greencard (Permanent resident since ...) plus 5 years has passed.

I am thinking to apply sometime this coming Christmas. I want to have a dual citizenship, which I have to clear with the German embassy in the first place and after that I can apply for the US citizenship. My greencard shows permanent resident since 02/06, this means that if I apply before 02/11 I have to say that it's due to marriage, and if I apply after this date then it will be because I've been here a permanent resident for over five years. Is that correct?

Thank you very much

[Brother Hesekiel 2,236]

You can BECOME a USC coming February based on the standard 5-year rule, so your hubby is totally irrelevant for that.

Just for clarification, you would have applied on your own in any case, but since the 3-year "express" naturalization requires that you are still happily married to your husband and live together with him, there would have been some additional paperwork to collect. Not a big deal, but it's just easier after 5 years.

Now, that means you can submit your N-400 in November. The BBG currently takes 3 to 4 months, but since there's always a chance that your case takes 6 months or longer and is valid for 2 years after being issued, you need to get that going first, unless you would want to become a US citizen even if your BBG application is denied.

Please do your homework regarding the BBG. About 95% of all BBGs are approved based on job applications. Unless you have more than 2.5 million dollars waiting in inheritance, don't try to reinvent the wheel. Go with the flow, find 3 to 6 job applications that fit your personal set of circumstances and require US citizenship, then state on your application that you'd want to apply for such a job, and that's it.