QUESTION

Is it necessary for my spouse to be physically present in United States for me to make her an American citizen?

Asked on Dec 30th, 2012 on Immigration - New York
More details to this question:
I am an American citizen but currently studying abroad. I want to make my spouse (who is also abroad) an American citizen. And what is the minimum stay my spouse can make (in USA) to get her American Passport and how is this minimum stay possible?
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7 ANSWERS

She cannot just become a US citizen because she is married to you, whether you are in the US or abroad. You first have to petition for her permanent residence and only once she gets that and is a permanent resident for 3 years can she apply for US citizenship. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 11th, 2013 at 12:43 AM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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First she needs to get a green card and then she can apply for citizenship.
Answered on Jan 05th, 2013 at 9:21 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your wife cannot automatically become a U.S. citizen, just because she is married to a U.S. citizen. You must petition her for a green card first and then 3 years after she has had a green card, she can file for naturalization. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 05th, 2013 at 9:21 PM

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Immigration Attorney serving Las Vegas, NV at Law Office of Arsen V. Baziyants
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As an American citizen currently studying abroad, but domiciled in the U.S., you are able to sponsor your foreign national spouse. The earliest your spouse will qualify for U.S. citizenship will be 2 years and 9 months after she becomes a permanent resident, by showing that she (1) is married to you for at least 3 years; (2) continues to reside with you in a marital union; (3) is physically present in the U.S. for at least 18 months (in aggregate), (4) not taking any one trip lasting 6 or more months (this creates a presumption that she abandoned her residence, and although she will be allowed to present evidence to rebut this presumption, to keep it simple, she should keep her absences for ); (5) is a resident of the state or district from which she applies for at least 3 months. Also note that if at the time your spouse is admitted for permanent residency she is married to you less than 2 years, she will only be granted a 2-year conditional residency. Thus, before she can apply for U.S. citizenship, and within 90 days leading to the expiration of her 2-year green card, the two of you would file Form I-751 to remove the condition and obtain her permanent, unconditional residency (10-year green card). Hopefully this information helps.
Answered on Jan 05th, 2013 at 9:20 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Your wife would first need to go through at least three years of permanent residency status in order to apply for U.S. citizenship. This will require she be physically present in the U.S. at least half of the time so if you are not ready to return home then I would wait on filing for her permanent residency but set up a consultation to discuss in more detail if you wish.
Answered on Jan 05th, 2013 at 9:20 PM

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Robert E. West
No that is not possible.
Answered on Jan 05th, 2013 at 9:20 PM

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Adebola O. Asekun
Your alien spouse must first acquire a green card. After s/he becomes a green card holder and assuming you remain married for 3 years after that, your spouse may then apply for US citizenship. One of the requirements for US citizenship is physical presence in the US. Depending on where and why you are presently stationed overseas, DHS may waive the physical presence requirements necessary for naturalization. You will need to speak to an attorney to advise you further.
Answered on Jan 05th, 2013 at 9:19 PM

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