Citizenship

[bearbear]

Dear all,

 

A friend visited me last weekend from the US. She told me my spouse doesn't have to wait for 5 years to apply for US citizenship. He could start filing 3 years after he gets his Greencard since I'm a USC. Is that true? Thanks.

[ÕÔÙ»ºÍ³Î°ÛÀû]

Yes. See Naturalization: Waivers, Exceptions, and Special Cases

[LeeFisher3]

The time frame is shorter, but this is something the two of you should talk about. If you have intentions of living in China in the future there are advantages to him maintaining Chinese citizenship if that is a possibility.

 

As your husband he will derive status from you while living in the US, just as you would derive status from him in China.

[frank1538]

True for the spouse but not for his/her children.

[bearbear]

Yes. See Naturalization: Waivers, Exceptions, and Special Cases

170793[/snapback]

Thanks for the link, but what's the physical presence and residence requirements for the spouse? Does he have to live in the US for at least 1095 days (3 years)? Thanks.

[tywy_99]

The 36-month clock started ticking for my K3 wife the minute the IO stamped her passport with the temporary I-551.

[bearbear]

The time frame is shorter, but this is something the two of you should talk about. If you have intentions of living in China in the future there are advantages to him maintaining Chinese citizenship if that is a possibility.

 

As your husband he will derive status from you while living in the US, just as you would derive status from him in China.

170818[/snapback]

Lee, very good point, we have no idea yet, let's see how he feels after moving to the US.

 

He told me I could get a Chinese greencard 5 years after marrying him. Now we've got married for almost 2 years, which means I still have 3 years something to wait for a Chinese greencard. I hope I would become a Chinese permenant resident before he becomes a USC. Would that work?

[bearbear]

The 36-month clock started ticking for my K3 wife the minute the IO stamped her passport with the temporary I-551.

171052[/snapback]

Ty, I go by CR-1 not K3, how is that gonna count? Thanks.

[frank1538]

Yes. See Naturalization: Waivers, Exceptions, and Special Cases

170793[/snapback]

Thanks for the link, but what's the physical presence and residence requirements for the spouse? Does he have to live in the US for at least 1095 days (3 years)? Thanks.

171048[/snapback]

Take a look at http://uscis.gov/graphics/citizenship/becoming.htm

 

1. Continuous Residence

¡°Continuous residence¡± means that you must live in the U.S. as a permanent resident for a certain period of time. Most people must be permanent residents in continuous residence for 5 years (or 3 years if married to a U.S. citizen) before they can begin the naturalization process. For refugees, this means 5 years from the date you arrived in the U.S., which is usually the date you obtained permanent resident status. For those granted asylum status in the U.S., this period begins one year before you got permanent resident status. The date on your Permanent Resident Card is the date your 5 years begins. If you leave the United States for a long period of time, usually 6 months or more, you may ¡°break¡± your continuous residence.

 

If you leave the United States for 1 year or longer, you may be able to return if you have a re-entry permit. You should apply for this re-entry permit before you depart the United States. See Maintaining Your Permanent Resident Status for information on how to apply for a re-entry permit. In most cases, none of the time you were in the United States before you left the country will count toward your time in continuous residence. This means that you will need to begin your continuous residence again after you return to the United States, and you may have to wait up to 4 years and 1 day before you can apply for naturalization.

 

Be aware that absences from the United States while your naturalization application is pending could cause problems with your eligibility, especially if you accept employment abroad.

 

2. Physical Presence in the United States

¡°Physical presence¡± means that you actually have been present in the United States. If you are a permanent resident at least 18 years old, you must be physically present in the United States for at least 30 months during the last 5 years (or 18 months during the last 3 years, if married to a U.S. citizen) before you apply for naturalization.

 

The general rule on continuous presence has a few presumptions that go something like:

 

If you left the country for less than six months, usually no problem.

If you left the country for 6-12 months, you may have to prove that you continued to treat yourself as a resident, for example, by paying taxes.

If you left the county for more than a year, you usually have to start over.

[bearbear]

Yes. See Naturalization: Waivers, Exceptions, and Special Cases

170793[/snapback]

Thanks for the link, but what's the physical presence and residence requirements for the spouse? Does he have to live in the US for at least 1095 days (3 years)? Thanks.

171048[/snapback]

Take a look at http://uscis.gov/graphics/citizenship/becoming.htm

 

1. Continuous Residence

¡°Continuous residence¡± means that you must live in the U.S. as a permanent resident for a certain period of time. Most people must be permanent residents in continuous residence for 5 years (or 3 years if married to a U.S. citizen) before they can begin the naturalization process. For refugees, this means 5 years from the date you arrived in the U.S., which is usually the date you obtained permanent resident status. For those granted asylum status in the U.S., this period begins one year before you got permanent resident status. The date on your Permanent Resident Card is the date your 5 years begins. If you leave the United States for a long period of time, usually 6 months or more, you may ¡°break¡± your continuous residence.

 

If you leave the United States for 1 year or longer, you may be able to return if you have a re-entry permit. You should apply for this re-entry permit before you depart the United States. See Maintaining Your Permanent Resident Status for information on how to apply for a re-entry permit. In most cases, none of the time you were in the United States before you left the country will count toward your time in continuous residence. This means that you will need to begin your continuous residence again after you return to the United States, and you may have to wait up to 4 years and 1 day before you can apply for naturalization.

 

Be aware that absences from the United States while your naturalization application is pending could cause problems with your eligibility, especially if you accept employment abroad.

 

2. Physical Presence in the United States

¡°Physical presence¡± means that you actually have been present in the United States. If you are a permanent resident at least 18 years old, you must be physically present in the United States for at least 30 months during the last 5 years (or 18 months during the last 3 years, if married to a U.S. citizen) before you apply for naturalization.

 

The general rule on continuous presence has a few presumptions that go something like:

 

If you left the country for less than six months, usually no problem.

If you left the country for 6-12 months, you may have to prove that you continued to treat yourself as a resident, for example, by paying taxes.

If you left the county for more than a year, you usually have to start over.

171178[/snapback]

Frank,

 

Thank you for the detailed info, it's very helpful. Thanks.

[notrevorich]

True for the spouse but not for his/her children.

170870[/snapback]

But True if you adopt the children and you are an American citizen

[PJ]

Hi All,

 

Actually I need some help understanding this. My wife got the conditional green card recently. When you said "3 years after green card" ... is this after receiving the conditional green card that expires in 2 years?

 

When I went to the USCIS site, it sounded like "3 years from arriving in the US".

 

Could someone who has experience with this please shed some light for me?

 

Thanks,

 

P.J.

[frank1538]

Hi All,

 

Actually I need some help understanding this.  My wife got the conditional green card recently.  When you said "3 years after green card" ... is this after receiving the conditional green card that expires in 2 years? 

 

When I went to the USCIS site, it sounded like "3 years from arriving in the US".

 

Could someone who has experience with this please shed some light for me?

 

Thanks,

 

P.J.

171772[/snapback]

The law says three years after "being lawfully admitted for permanent residence." I read this as three years from AOS approval. Give or take a few days, this sounds like the green card date, not the initial entry date for K-1/K-3 visa holders. CR/IR-1 visa holders would seem to get to start the clock upon entry since they enter the US as LPRs.

http://uscis.gov/lpBin/lpext.dll/inserts/s....htm#slb-act319