Question About wife citizenship

[sukhi4498 1]

Hi Guys,

I need your help. I am usa citizen from jan2016 onwards. but wife is still green card holder since june 2014. We had a daughter (6 months old). We r planning to move back to india in jan 2017. My wife will b still permanent resident but she will b cuming bac to usa before 180 days just 2 complete her 5 years. i am filing taxes jointly for the year 2014 2015 2016 too. since i will b not working next year. Does she will have problem when she applies for citizenship in case i am not working. Thanks in advance

[Kastrs 723]

Based upon the information you have provided, it seems your wife would not be eligible to apply for citizenship until Jan 2019 (3 years married to USC & GC Holder) or June 2019 (5 years GC Holder)

It is not a problem if you are not working for her to apply for citizenship, keep in mind that as a USC you are required to file taxes on foreign income

[IcezMan_IcezLady 582]

Your taxes have nothing to do with her case.I assume she didn't obtain her GC through you, then it won't affect her case but she will have to file her taxes.

Based upon the information you have provided, it seems your wife would not be eligible to apply for citizenship until Jan 2019 (3 years married to USC & GC Holder) or June 2019 (5 years GC Holder)

It is not a problem if you are not working for her to apply for citizenship, keep in mind that as a USC you are required to file taxes on foreign income

Op wasn't a citizenship before marriage to spouse so it is 5 yrs for her.

[sukhi4498 1]

Hi Icezlady,

She obtained GC through me. Since they will need legitimate proof of our wedding when she applies for citizenship. One has to show joint tax returns. Since i wont b working at that time and living in usa. So does that affect her citizenship??

[sukhi4498 1]

Based upon the information you have provided, it seems your wife would not be eligible to apply for citizenship until Jan 2019 (3 years married to USC & GC Holder) or June 2019 (5 years GC Holder)

It is not a problem if you are not working for her to apply for citizenship, keep in mind that as a USC you are required to file taxes on foreign income

Thanks Bhai Jaan,

I know we have to file taxes on foreign incum. But i want 2 know do we need 2 b here till she gets her passport which as u said will b in 2019 still 3 years away. Or we can move next year since we have daughter and it is legal marriage so leaving country before her citizenship will b fine.?

[khwaidee1 196]

Your taxes have nothing to do with her case.I assume she didn't obtain her GC through you, then it won't affect her case but she will have to file her taxes.

Op wasn't a citizenship before marriage to spouse so it is 5 yrs for her.

I'm pretty sure that since they are married, filing taxes jointly, their taxes will have everything to do with her citizenship application. I believe your advice was incorrect, they certainly wanted our joint tax returns and specifically ask for them when applying under the 3 year rule

[IcezMan_IcezLady 582]

I'm pretty sure that since they are married, filing taxes jointly, their taxes will have everything to do with her citizenship application. I believe your advice was incorrect, they certainly wanted our joint tax returns and specifically ask for them when applying under the 3 year rule

Did you miss where OP said she will apply based on 5 yr rule?

[khwaidee1 196]

Thanks Bhai Jaan,

I know we have to file taxes on foreign incum. But i want 2 know do we need 2 b here till she gets her passport which as u said will b in 2019 still 3 years away. Or we can move next year since we have daughter and it is legal marriage so leaving country before her citizenship will b fine.?

If your wife is a Permanent Resident when you move away, I believe if she is out of the country for more than 180 continous days she will be considered to have abandoned her GC. If you're moving away and don't intend on residing in the US why even worry about citizenship? She can't move away and come back in 2019 and try apply.

[khwaidee1 196]

Did you miss where OP said she will apply based on 5 yr rule?

Apparently I did. I looked at the dates in Kastrs post. S

[IcezMan_IcezLady 582]

If your wife is a Permanent Resident when you move away, I believe if she is out of the country for more than 180 continous days she will be considered to have abandoned her GC. If you're moving away and don't intend on residing in the US why even worry about citizenship? She can't move away and come back in 2019 and try apply.

Op wants his wife to be able to get citizenship. Citizens can live abroad but GC can't. Some people just want the flexibility of been able to return to the States without another long process.

OP and his wife may have their reasons for deciding to move back to now. So long as they operate within the rules, what they are doing is not illegal.

[Boiler 45,519]

Hi Guys,

I need your help. I am usa citizen from jan2016 onwards. but wife is still green card holder since june 2014. We had a daughter (6 months old). We r planning to move back to india in jan 2017. My wife will b still permanent resident but she will b cuming bac to usa before 180 days just 2 complete her 5 years. i am filing taxes jointly for the year 2014 2015 2016 too. since i will b not working next year. Does she will have problem when she applies for citizenship in case i am not working. Thanks in advance

She is living in the US or India, your comments are contradictory.

[Kastrs 723]

Your taxes have nothing to do with her case.I assume she didn't obtain her GC through you, then it won't affect her case but she will have to file her taxes.

Op wasn't a citizenship before marriage to spouse so it is 5 yrs for her.

If you read my post, you can see she can file for her citizenship about 6 months sooner if she files under the 3 year rule, in her case 3 years after her husband became a citizen, so this could still be applicable

OP If you wait and file under the 5 year rule, then you would not have to provide evidence pertaining to your marriage such as jointly filed taxes

Additionally she will need to maintain her residence in the US until she obtains citizenship

[IcezMan_IcezLady 582]

If you read my post, you can see she can file for her citizenship about 6 months sooner if she files under the 3 year rule, in her case 3 years after her husband became a citizen, so this could still be applicable

OP If you wait and file under the 5 year rule, then you would not have to provide evidence pertaining to your marriage such as jointly filed taxes

Additionally she will need to maintain her residence in the US until she obtains citizenship

Sorry, I misread your post.Your statement is right.

[IcezMan_IcezLady 582]

Thanks Bhai Jaan,

I know we have to file taxes on foreign incum. But i want 2 know do we need 2 b here till she gets her passport which as u said will b in 2019 still 3 years away. Or we can move next year since we have daughter and it is legal marriage so leaving country before her citizenship will b fine.?

You can move but your wife cannot move and live outside of US for over 1yr. If you both plan on staying in India for over 1yr, she needs to get a reentry visa.

If she will get her citizenship through marriage under 3 yr rule, then your marriage will come under scrutiny. Example, with you going to live in India for over 1 year and she living somewhere else doesn't seem right. If she is going to derive citizenship through marriage to a USC (that's you), then you have to show proof of domicile. How do you show that when you live outside for a longer period?

The best bet is to either wait for her to attain citizenship

or she can move to India and return before 1 yr period

And apply for citizenship under the 5 yr rule but must establish residency 30 months prior to applying for citizenship.

[sukhbansvirk 0]

Thanks a lot icezlady I really appreciate your help. She is still 3 years away from completing her 5 hears. We wud b going for her citizenship in 2019. She won't b leaving outside USA for more then 180 days. My only concern is that since I m already a citizen if I leave my job in couple of years and move to India with her and cum back before her 180 days in year 2018 which we r thinking tthen there will b problem in her citizenship .