When can I file for U.S Citizenship for my permanent resident spouse?

[VINHIVY 1]

Hello everyone,

 

It’s been a long time since I’ve logged in. If this question has been answered, I apologize. My questions is: when can my spouse file for U.S Citizenship? She has been a permanent resident since January 2020. She received her 10 year green card last year, after having a temporary 2 year green card. I’ve read that she can file after 3 years if she is married to a U.S Citizen (me)?

 

Any insight or reading material would be greatly appreciated. 

 

You all have been helpful since the beginning of the journey.

 

Thank you,

 

[TBoneTX 45,273]

Thread is moved to the US Citizenship main forum.

[milimelo 4,477]

3 hours ago, VINHIVY said:

Hello everyone,

 

It’s been a long time since I’ve logged in. If this question has been answered, I apologize. My questions is: when can my spouse file for U.S Citizenship? She has been a permanent resident since January 2020. She received her 10 year green card last year, after having a temporary 2 year green card. I’ve read that she can file after 3 years if she is married to a U.S Citizen (me)?

 

Any insight or reading material would be greatly appreciated. 

 

You all have been helpful since the beginning of the journey.

 

Thank you,

 

 

3 years (can file 90 days prior) of having been an LPR (from the date the first green card was issued), and being married for 3 years to a USC. From little you listed, she could've applied even before her 10-yr green card was approved. 

Strongly advise applying before new fee increases go into effect in April. There's online filing option now for N-400. 

[OldUser 6,640]

1 hour ago, milimelo said:

 

3 years (can file 90 days prior) of having been an LPR (from the date the first green card was issued), and being married for 3 years to a USC. From little you listed, she could've applied even before her 10-yr green card was approved. 

Strongly advise applying before new fee increases go into effect in April. There's online filing option now for N-400. 

I'd be the devil's advocate and suggest filing under 5 year rule at the in October this year considering proximity. It's much easier application, no need to reprove marriage. No US citizen spouse required at the interview. Yes, the fee may be slightly higher, but it'd take it for an easier case.

[VINHIVY 1]

@milimelo Thank you. I didn’t know I can file the N-400 online. No more submitting any hard copies of documents?

[OldUser 6,640]

Just now, VINHIVY said:

@milimelo Thank you. I didn’t know I can file the N-400 online. No more submitting any hard copies of documents?

The original documents (passports, birth certificates, marriage certificates etc) should be brought to the interview, in addition to new evidence of bonafide marriage or paying taxes since filing.

[VINHIVY 1]

@OldUser Thank you. Doing the N400 online saves so much time!

[OldUser 6,640]

5 minutes ago, VINHIVY said:

@OldUser Thank you. Doing the N400 online saves so much time!

Make sure to check application multiple times before submitting. There may be some glitches in software resulting in incorrect entries. I don't have experience with online N-400, but occasionally people make some mistakes. I wish there was a list of common issues.

[Crazy Cat 41,845]

42 minutes ago, OldUser said:

I don't have experience with online N-400,

When wife filed her N-400 online (5 year rule), it was straight forward.  I don't recall any sticky spots.  I will say that we checked over the entire form several times because it seemed so much easier than the I-751. 

[JKLSemicolon 413]

13 hours ago, milimelo said:

 

Strongly advise applying before new fee increases go into effect in April. There's online filing option now for N-400. 

Strictly from the standpoint of fees, I don’t see a reason to file before the changes go in effect in April.

 

It looks like the cost of filing online will actually go down slightly (from $725 to $710)  due to the $50 discount, and for paper filers although the regular fee will go up slightly (to $760), the reduced fee option ($380) will be available to a wider range of incomes than before (up to 400 percent of the Federal Poverty Guidelines):

 

https://www.uscis.gov/sites/default/files/document/outreach-engagements/2024FinalFeeRule.pdf

https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

 

[SalishSea 17,826]

21 hours ago, VINHIVY said:

Hello everyone,

 

It’s been a long time since I’ve logged in. If this question has been answered, I apologize. My questions is: when can my spouse file for U.S Citizenship? She has been a permanent resident since January 2020. She received her 10 year green card last year, after having a temporary 2 year green card. I’ve read that she can file after 3 years if she is married to a U.S Citizen (me)?

 

Any insight or reading material would be greatly appreciated. 

 

You all have been helpful since the beginning of the journey.

 

Thank you,

 

YOU don’t file for that.   SHE can certainly file for that when eligible.

[VINHIVY 1]

@SalishSea I didn’t mentioned anything about me filing. It’s her that is filing since she is the permanent resident. I hope that helps.

[SalishSea 17,826]

1 minute ago, VINHIVY said:

@SalishSea I didn’t mentioned anything about me filing. It’s her that is filing since she is the permanent resident. I hope that helps.

Your title and original post literally asks “when can I file.”  
 

Some people are confused about whether they are filing for a spouse, like they did for the immigrant visa petition.

[VINHIVY 1]

Thank you everyone for the helpful information. It’s much appreciated.

[VINHIVY 1]

I have another question if anyone knows of the answer. Does time away from the U.S count towards the length that you have been a permanent green card holder? We left the U.S a couple of times to travel, each time for 3 months. I appreciate any response. Thank you.