egopal Posted September 11, 2018 Report Share Posted September 11, 2018 My wife has GC but with re-entry permit she currently in India and will come back within two years in 2020. Once I become naturalized (2018 or early 2019), Will she come under 3 year rule to live and apply for citizenship? Thanking you in advance. Link to comment
newacct Posted September 11, 2018 Report Share Posted September 11, 2018 She is eligible to naturalize under the 3-year rule if she has 3 years of "continuous residence" and she has been married to a US citizen for 3 years (i.e. she has been married to the same person for 3 years, and that person has been a US citizen for 3 years). So it has to be at least 3 years after you naturalize before she can take advantage of this. Her trip abroad of more than 1 year will break her "continuous residence", and she has to wait until she has been back for 2 years + 1 day (if applying under the 3-year rule) or 4 years + 1 day (if applying under the 5-year rule) before she can apply for naturalization. So if 3 years after you naturalize is before she has been back for 4 years + 1 day, she will qualify under the 2 years + 1 day rule first (i.e. she will qualify when she has been back for 2 years + 1 day AND you have naturalized for 3 years); otherwise, she will qualify under the 4 years + 1 day rule first. Link to comment
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