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sud.sapusa
06-11-2009, 10:05 PM
I am on H1B until September 2009 (my first 3yrs of H1B). My fiancee who got GC like 5 years ago, but she was in India all this time completing her studies. In these 5 yrs she was visiting USA for 1 month vacations. We got married in May 2009 in India and came to USA.

Does my fiancee will be eligible to apply for citizenship sometime soon (that will be 5 yrs since she got her GC)?

Please suggest me some of the options that I have?
What is the procedure to apply for GC,forms I need to fill in and documents I need to procedure with the applications?

I would appreciate if someone can provide some guidance & a list of forms & documents required to file the application.

Waiting for your valuable suggestion...Thanks in Advance

panini
06-12-2009, 02:11 PM
Thers is a resindency requirement as well. So even though he has been a permenant resident for 5 years, that alone will not make him eligible. Please see below:

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

I got this from the USCIS web site. Here is the URL. Hope this helps.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12e596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1 RCRD

I am on H1B until September 2009 (my first 3yrs of H1B). My fiancee who got GC like 5 years ago, but she was in India all this time completing her studies. In these 5 yrs she was visiting USA for 1 month vacations. We got married in May 2009 in India and came to USA.

Does my fiancee will be eligible to apply for citizenship sometime soon (that will be 5 yrs since she got her GC)?

Please suggest me some of the options that I have?
What is the procedure to apply for GC,forms I need to fill in and documents I need to procedure with the applications?

I would appreciate if someone can provide some guidance & a list of forms & documents required to file the application.

Waiting for your valuable suggestion...Thanks in Advance

martinvisalaw
06-17-2009, 05:15 PM
Your fiancee will not be eligible to apply for citizenship for about another 2 years. She needs to have been physically present in the US for half of the five years before applying for citizenship, among other requirements. if she has been living in India for almost all of the past 5 years, she needs to build up that physical presence before she can file. See here for naturalization requirements: http://www.martinvisalaw.com/natz%20faqs.html#AnchorN1

She can petition for you to get permanent residence (PR) while she is just a PR. This will take a long time, however you can upgrade your preference category from FB 2A (spouse of a PR) to immediate relative (spouse of a US citizen) once her citizenship is approved.

if you have any options to file for an employment-based PR, you should pursue this since you only have another 3 years of H-1B status left.