Question About wife citizenship

[Amhara 460]

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 .

Isn't the time spent outside the US counted against you during the naturalization application? Or is that only if you were outside the US in one year for over 180 days? They don't cumulate that time against you?

[Thegirl 225]

I don't know the answer to this question but what I think the OP wants to know is if he isn't working will that affect her chances of getting her citizenship application approved or does it lessen her chances if he isn't working.... you know like when you apply for a CR1 if your spouse can't support you, you need a joint sponsor that kind of thing. That's the impression I get and I guess he keeps asking because no one is addressing that part of his question.

[sukhbansvirk 0]

Yes keas got it right. My only concern is wat if left job couple of years before my spouse citizenship is due which will b in 2019. Does that jeopardise her chances 2 get citizenship. We r planning 2 move in India a year before her citizenship as out parents needs us.her family is alone so thinking of moving after getting citizenship

[neoblast 138]

You already have a green card

You are at least 18 years old.

You have lived in the U.S. lawfully as a permanent resident for at least five years unless you are a spouse of a U.S. citizen, refugee, or received your green card through political asylum.

During those five years, you have been physically present in the U.S. for at least half of the time.

You have not spent more than one year at a time outside the U.S.

You have not established a primary home in another country.

You have lived in the state or district where you are filing your application for at least three months.

You have "good moral character".

You can read, write and speak English.

You can pass a test about U.S. history and government.

You will swear that you believe in the principles of the U.S. Constitution and will be loyal to the U.S.

Your wife would need to be present in the US for at least 1.5 years if applying on 3 year rule (marriage to USC) or 2.5 years for 5 year rule and must not have established her primary home outside the US. So if you guys are moving and she is only coming back to apply, I believe that would disqualify her.

Your job has nothing to do with it

Edited March 3, 2016 by neoblast

[Anh map 2,098]

By the 5 year rule you have nothing to do with it. Her establishing a primary residence outside the US would seem to disqualify her.

Being untruthful can have serious consequences. Choose your path wisely.

[Cathi 5,795]

if your wife moves out of the country, she will no longer be a resident and will not be able to get citizenship. A green card is for LIVING in the US. Just because you file US taxes does not mean a thing if she is living elsewhere. If you lie that is material misrepresentation and will get her a lifetime ban from the US

Edited March 3, 2016 by mimolicious

[Harmonia 211]

I don't understand why she can't apply after 3 years if she's married to you, a US citizen? Did she get her permanent residency through you or some other way?

[Kastrs 723]

I don't understand why she can't apply after 3 years if she's married to you, a US citizen? Did she get her permanent residency through you or some other way?

OP got his citizenship in January, she can apply under the 3 years rule using 3 years since he got his citizenship, which is about 6 months before she could apply under the 5 year rule

[Dave&Roza 748]

I don't understand why she can't apply after 3 years if she's married to you, a US citizen? Did she get her permanent residency through you or some other way?

The three year rule states that you have been a LPR for the past three years AND married to a USC for those three years AND that person has also been a USC for at least three years at the time of filing. The OP did not become a USC until January 2016. So he will be a USC for three years in January 2019. She will have had her GC for five years in July 2019. So they gain 6 months by using the 3 year rule verses the 5 year rule, but will have to supply proof of a valid relationship using the 3 year rule.

OP: The thing you need to be careful of here is the amount of time spent outside the US. If your wife is outside the US for more than 6 months, she rests her continuous residency clock. This means all time up to that point counts as 364 days towards her time required for citizenship. In other words, she would need 2 years plus 1 day to file based on marriage to you once you reach the 3 years as a USC. Keeping her LPR is one thing, keeping ones eligibility for USC is a totally different animal and not very easy to do if living in India. She can come back to the US after 5 months outside and return to India, but if she goes over more time outside than inside the US, she will have to wait until the time she has spent in the US is more than the time spent outside the US. I think you are playing with fire with this plan. CPB will allow this to go on for a while, but sooner or later they will warn your wife that she needs to live in the US and not just visit. Then what will you do is she is still more than a year from being eligible for USC? I suggest you look over the requirements for becoming a USC and pay special attention to the residency requirements and time spent outside the US.

Dave

[Gotansoldier 0]

Hello OP. I am gonna be blunt here. It seems that you want to eat your cake and have it. Please be aware that whether you are pursuing the 3-year or 5-year rule she could still be asked any question by the immigration officer. If you decide to venture into your anticipated plan you might end up complicating things for her, that is why some people's cases take long to get adjudicated or denied. It is the responsibility of the applicant to prove that he/she qualifies for the immigration benefit he/she seeks. My advice is for her to remain here and complete her naturalization. You guys can always go visit you families in India or invite them to come visit you in the meantime. Good luck.

[akihon 129]

I suggest you postpone the move back to India until after your wife has naturalized.

[sukhbansvirk 0]

Thanks u every one so wat I learned from everyone that I shud not take any chance for my spouse citizenship. I shud wait till 2019 when she will b completing her 5 years and then go for it I will take ur words guys I really appreciate for ur help