Citizenship time requirements for Foreign Spouse

[ThePeck 0]

It's late and I'm tired so if I waited till tomorrow I probably could track down the information. Also I'm just curious.

 

What time requirements is there for Citizenship for a Foreign Spouse after getting Green Card.

 

We've been married 2½ years and just submitting her I-130 now. Since my work is outside the USA she lives with me and I live with her. After/If she gets her Green Card I intended for her to continue living with me outside the USA. If possible. I only return stateside for no more than 1 month a year for my 330 for tax. I thought there was a only a 2 year waiting period for Citizenship since I'm a Citizen by birth. A friend show came on a family visa says she still has to wait 5 years. Even though I'm a citizen. Also I heard that the requirement to be present in the USA could be waived partially of completely if my job positions me outside the USA. Which they do. So my questions are:

 

How long after getting her green card is she eligible for citizenship?

 

If that time she must remain in the USA regardless of my job location?

 

If able to claim time outside the USA what are the rules and regulations about it?

[Roel 7,192]

38 minutes ago, ThePeck said:

 

 

We've been married 2½ years and just submitting her I-130 now. Since my work is outside the USA she lives with me and I live with her. After/If she gets her Green Card I intended for her to continue living with me outside the USA.

Dont get a green card doe her. It's pointless. Green card is for LIVING in the US. Yoir wife will not even receive a green card if you dont show US domicile or that you work overseas and don't intent to go back... I wouldn't even worry about her citizenship where right now it seems like she has no chance of getting or keeping her green card. If she will live aborad with the green card long enough, it will be taken away. 

 

38 minutes ago, ThePeck said:

 

 

If possible. I only return stateside for no more than 1 month a year for my 330 for tax. I thought there was a only a 2 year waiting period for Citizenship since I'm a Citizen by birth.

For spouses of US citizens its 3 years from the moment of green card being issued. 

 

 

38 minutes ago, ThePeck said:

 

A friend show came on a family visa says she still has to wait 5 years.

Sounds about right. Its 5 years if it's not marriage based. 

 

38 minutes ago, ThePeck said:

 

 

Even though I'm a citizen. Also I heard that the requirement to be present in the USA could be waived partially of completely if my job positions me outside the USA. Which they do. 

Um, no?

Unless you are US military and your spouse will be on your overseas orders OR you work for the US Gov and your spouse will be on your paperwork - this requirements CANNOT be waived. 

 

38 minutes ago, ThePeck said:

 

How long after getting her green card is she eligible for citizenship?

3 years. 

 

38 minutes ago, ThePeck said:

 

If that time she must remain in the USA regardless of my job location?

She must LIVE in the US MAJORITY of the year. 

 

38 minutes ago, ThePeck said:

 

If able to claim time outside the USA what are the rules and regulations about it?

Read about it. Military or government. No other exceptions.

[Roel 7,192]

 

Ok its couple more than a Gov but the list is short. 

Edited April 8, 2019 by Roel

[Boiler 45,535]

When do you intend to move back to the US?

[ThePeck 0]

1 hour ago, Boiler said:

When do you intend to move back to the US?

 

1 hour ago, Roel said:

Dont get a green card doe her. It's pointless. Green card is for LIVING in the US. Yoir wife will not even receive a green card if you dont show US domicile or that you work overseas and don't intent to go back... I wouldn't even worry about her citizenship where right now it seems like she has no chance of getting or keeping her green card. If she will live aborad with the green card long enough, it will be taken away. 

 

For spouses of US citizens its 3 years from the moment of green card being issued. 

 

 

Sounds about right. Its 5 years if it's not marriage based. 

 

Um, no?

Unless you are US military and your spouse will be on your overseas orders OR you work for the US Gov and your spouse will be on your paperwork - this requirements CANNOT be waived. 

 

3 years. 

 

She must LIVE in the US MAJORITY of the year. 

 

Read about it. Military or government. No other exceptions.

I agree and I don't see why I need to get her a green card but here's the conundrum.

 

I'm going to get on my soapbox for this so please excuse me lol

 

I've been with her for almost 7 years, married for 2 and a half years. For 5 years we've setup 1-2 NIV applications every year. Every time denied because not showing proof of intent to return. I've given her letters from my company. My actual ID cards for various military bases where I'm going to routinely for work. My job entails private contractor for DOD and DOS projects. My mother died before meeting her Daughter-in-law and her grandchild/step-grandchild. Because we were wanting to go as a family. Even took mailed letters, signed, from my mothers oncologist that she couldn't travel so to encourage them to give her a NIV. So this is pretty much the last thing we could think of to semi-guarantee that she could travel to the states to at least see the members of my family, her extended family. Cambodia doesn't have a very high refusal rate, 32.63% (2018 Prelim rates), but somehow she's in that. Of all the recent times in the past 5 years they refused to look at her paperwork and documents showing her owned properties, land etc. So it's been almost a total of $1k which almost equals her and my step-daughters I-130.

 

Okay now I'm getting off my soapbox.

 

So pretty much, I'm willing to come back stateside and "reside" there with her until she becomes a citizen. Probably not the best way but to make sure everything is legal. So my intent to move back stateside would be her IV approval. Unfortunately no, her name is no where on my forms. Except where it asks for spousal information, plus being a private contractor doesn't always give me the same eligibility as government employees. I don't get orders which name myself and her. Typically she stays at home and I travel where I have to.

 

The same friend that came on a family visa got a waiver because he worked on the DOS projects with me. I believe it was just a letter from the company, not the embassy but I could be mistaken. I'd have to ask again.

 

So my intent I guess would be to move back stateside and travel from the USA for all my projects for that time, then my company would move me back in our office in Cambodia. Also the kids would be able to go school stateside, which is a plus. The older one and the youngest when the time comes may stay stateside and me and my wife my remain. The plans for the future are very volatile since there are factors that are still unknown. I do have a "residence" back in the states but it's not really available i.e. renting it out. Probably at first the, which I've put on the I-130, is my fathers house since it may take several months to finish the lease and refurbish to move there.

 

But anyway this is a long winded post which doesn't address much of my OP. It just comes down to having to remain in the USA for 3 years at a minimum and after that we can decide what we want to do. Stay or move back overseas. At least at that point returning for vacations and seeing family won't be a hassle if we move back overseas. Also at that point with her having a US Passport I can actually bring her to where I'm and not having to leave her at home. Since with a Cambodia passport it's harder to travel to some countries, except ones in the ASEAN group.

[cyclone27 710]

It will be more like 4 hrs to complete the process for citizenship. Most cases seem to be processing to completion is 1yr.

[Roel 7,192]

1 hour ago, cyclone27 said:

It will be more like 4 hrs to complete the process for citizenship. Most cases seem to be processing to completion is 1yr.

*4 years

 

[cyclone27 710]

Whoops cheers for the correction Roel - d*mn autocorrect. 🤪

[Cyberfx1024 7,980]

6 hours ago, Roel said:

 

Ok its couple more than a Gov but the list is short. 

@ThePeck you can file for a greencard for her to come to the USA and file for expedited naturalization once she gets here in the USA under that same greencard. But you would have to file for the GC, get approved, then have her come to the USA then file for expedited Naturalization because you are working as a DOS Contractor. 

[RaginKhmer 6]

On 4/7/2019 at 11:39 PM, ThePeck said:

What time requirements is there for Citizenship for a Foreign Spouse after getting Green Card.

It's already been answered but to reconfirm, 3 years.

 

On 4/7/2019 at 11:39 PM, ThePeck said:

How long after getting her green card is she eligible for citizenship?

Again, 3 years

 

On 4/7/2019 at 11:39 PM, ThePeck said:

If that time she must remain in the USA regardless of my job location?

Basically yes with no extended absences from the US. She could, however, leave the country every year for 1-3 months. I travel back to Cambodia with my wife yearly for a month at a time.

 

On 4/7/2019 at 11:39 PM, ThePeck said:

If able to claim time outside the USA what are the rules and regulations about it?

Your I-130 is likely to be denied early on because to be a Petitioner and file an I-864 you must be Domiciled in the US. You are not currently domiciled there as you stay gone 330 to hit that tax break. BUT you could have someone (family, close friend?) file the I-864 who is domiciled in the US and take responsibility for your spouse financially. You would still be the Petitioner.  At this point you have two options,  prove you are a 1 : " U.S. citizens who are employed abroad by the U.S. government, U.S research institutions, U.S. firms involved in foreign trade, U.S.-related international organizations, or U.S.-related religious organizations. " or 2: " I-130 petitioners who intend to establish a domicile in the U.S. either before or at the time of their beneficiary’s arrival in the U.S. "