abell

I am from Sweden. I married an American Citizen in the United States. I am now back in Sweden but before my husband could come to the US Embassy in Sweden he was arrested and sentenced to 2 years in minimun security prison. His mother is currently living in our US apartment. What do I do to get my US citizenship now that he's in jail???

Shannon

Perhaps you can give a bit more information.

Although you say "US Citizenship" I presume you mean permanent residency and have applied for a K3 visa?

Shannon

Rete

You are not eligible for US citizenship until you have been a permanent resident of the US for three years. I am assuming from your post that your US husband was going to come to Sweden to do direct consular filing for your entry into the US as a permanent resident. Sorry but until hubby's out of prison his only option now is to petition for you through the INS US channels. Which means he has to file an I-130 with the Service Center governing the prison he is in and he can then file the I-129F for a K-3 for you. The K-3 might make the wait a little shorter than waiting out the approval of the I-130. Of course, there is more all this but that is basically it. That, plus the fact, he needs to show that he can be your financial sponsor via an I-864 Affidavit of Support. Not sure if prison wages will make the grade, however, if he has assets worth five times what the 125% poverty guidelines is for a family your size, that will do it. If not, perhaps his mom will be a co-sponsor to her new daughter-in-law.

Rete

Mrtravel

abell wrote:
    >
    > I am from Sweden. I married an American Citizen in the United States.
    > I am now back in Sweden but before my husband could come to the US
    > Embassy in Sweden he was arrested and sentenced to 2 years in minimun
    > security prison. His mother is currently living in our US apartment.
    > What do I do to get my US citizenship now that he's in jail???

Citizenship would come after being married to a US Citizen and being a
permanent resident of the US for 3 years. First you have to obtain
permanent resident status (green card)

Has your husband filed any immigration paperwork for you?
Until your husband gets out of prison, I don't know if this can be done,
but I don't know for sure.
I don;t recall anything on the forms saying anything about this.

Dipty Jardosh

Mr Travel,

While on the subject want to check that in case of conditional permanent resident for 2 years are the 2 years counted when counting total 3 years

Or is it that the 3 years after the 2 years conditional permanent resident to be counted.

Regards,

Dipty

Rete

Yes the two years for conditional PR is counted. In fact, if the conditions are still awaiting removal by the service center and the time for applying for naturalization has arrived you can apply for naturalization while you are still a CPR.

Rete