hobbes77

Hi,

I have a question on the best eligibility criteria for my wife to use
to get naturalized. I am a US citizen and she received her Green Card
through me in Jan 2005. We now want to apply for her naturalization.
Which eligibility criteria should we use:
1. lawful permanent resident for the past 5 years
2. lawful permanent resident for 3 years, and been married to a US
citizen for 3 years

or does it not matter?

thanks.

ian-mstm

It doesn't matter. If she applies based on 5 years as a PR, she doesn't need to prove an ongoing marital relationship with you... which may mean less documentation.

Ian

discoviking

When I naturalized a couple of years ago, I chose to naturalize based on 5+ years as an LPR rather than based on 3+ years of marriage to a USC, as I found there were less documentary evidence required.

It's your choice, of course.

Rete

When you look at the eligibility requirements it is really clear that your spouse has only one option and that is filing as a five year PR. Your spouse didn't want to file under the married to a USC option 2 years earlier so that option is moot.

BTW you have absolutely nothing to do with her application for naturalization. She does not need you, your status in the US, or permission to naturalize. So it is not a we now want to apply for ... but rather she would like to apply for.

hobbes77

I am not sure how you could make that statement without knowing anything about what we did or did not want to do. It is quite presumptuous on your part. FYI - we did in fact want to file about 12 months ago under the "married to a USC" and then put it off for various reasons. We decided to file now, and were going to file under the "married to a USC" option. It was only when I started filling in N-400 and reached the part where it asked for the date she got her permanent residency did I realize that 5 years were up. Hence my question.

No - once again, incorrect. It is true that she does not need my status. It is also true that she does not need my permission. However, it my family, many decisions that affect us are made jointly. This has certain implications for the family and hence it is "we want to apply"

hobbes77

discoviking & Ian -- thank you. It make sense to naturalize based on 5+ years of LPR.

Rete

You messed up the quote but anyway it's not presumptuous on my part. Regardless of why she didn't file, she didn't when the opportunity first presented itself. So the only option left is for her to file as a 5 yr PR and not based on marriage to a USC.



Whatever. Joint decisions are fine, IMHO, for household and children issues but the issue of US citizenship is a singular issue and does not involve a joint decision. You will not be taking her test for her and be allowed inside the room when the test is given or taking the oath for her. Acquiring citizenship is life altering and should solely be the decision of the person involved. I do hope you are allowing her input on answering the questions on the form. She is the one who will be swearing that all on the paper is correct.

You haven't been around in a while and I totally forgot that you once mentioned the type of marriage and relationship you have with your wife. My apologies for setting on your toes.

BTW her naturalization does not affect you at all other than to void the affidavit of support you supplied. That is the only benefit from her naturalizing. There are no negative benefits.

hobbes77

Technically, we do have the option of filling based on marriage - it will involve more paperwork -- so what you write above is incorrect.

Again, without knowing our situation and our family, you are being very, very presumptions. I will not be taking her test or will be allowed inside the room with her. However, the decision whether to get naturalized or not is a joint decision.

wow -- you are quite something....

There are both pros and cons of naturalization on our family. So yes, there is a effect on me and our daughter.


Feel free to respond to my post refuting anything I say above -- but I am done with this. I don't need to debate some stranger on the internet. I will not be responding any further.

All the best to you.

jeffreyhy

h,

Only because she allows it to be.

Regards, JEff