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applying for GC 6 months after spouse became citizen

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  • applying for GC 6 months after spouse became citizen

    Hello:
    My husband applied in July 2010 and got his US citizenship Nov 2010 as his original passport was expiring in November.
    I did not apply along with him and my Green card expires this October. Will this be a problem since I did not apply along with him and also he has been a citizen less than 3 years.
    The Green card was received in 2001 and it was based on my husband's employment.

    Thanks

  • #2
    Originally posted by n400q11 View Post
    Hello:
    My husband applied in July 2010 and got his US citizenship Nov 2010 as his original passport was expiring in November.
    I did not apply along with him and my Green card expires this October. Will this be a problem since I did not apply along with him and also he has been a citizen less than 3 years.
    The Green card was received in 2001 and it was based on my husband's employment.

    Thanks
    No problem at all. You can apply for citizenship on your own based on the 5-year permanent residency rule (you have been a greencard holder for almost 10 years); i.e., your citizenship application will not be marriage-based. It does not matter that you got your greencard through your husband's employment.

    When you fill out your N400 Application for Naturalization form, make sure to check "I have been a lawful permanent resident of the United States for at least 5 years." Do not check the marriage or military option.

    If you apply now you might be done in 4 to 5 months.

    Good luck with your application.

    Note: In my answer above, I am assuming you meet the continuous residence requirement (no single trips lasting more than 6 months) and physical presence requirement (at least 30 months out of the last 5 years in the US).
    Last edited by nwctzn; 03-30-2011, 07:41 PM.

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    • #3
      Thanks nwctzn. Appreciate your help.

      Comment

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