Legal Question in Immigration Law in Texas

Hello,

After tree years living in USA, as a permanent resident (married to an American citizen since 2007) can I apply for Form N-400 Application for Naturalization from USCIS - without a consent of my spouse? Or my spouse should to do this paper work?

Thank you very much.


Asked on 8/01/09, 5:19 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

You have to be a permanent resident for at least 3 years and be married to a US citizen for at least 3 years (if eligibility for naturalization is based on marriage to a US citizen). You have to be living together, not separated, and not divorced. If divorced, then you have to wait till you acumulate 5 years as a permanent resident.

You don't need a permission of your spouse for you to apply for naturalization. The application is submitted by you, not by your spouse. However, if eligibility is based on marriage, the USCIS may require you to show proof of valid marriage and sometimes can invite a spouse to an interview.

You have to look at the issuance date on your green card and add 3 years (assuming that you have removed conditions on residence).

If you need any assistence with filing of the application, you can contact my office at Attorney [@] law-visa-usa.com, Web: http://www.law-visa-usa.com

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Answered on 8/01/09, 5:27 pm


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