Under special provisions of the Immigration and Nationality Act (INA) on the basis of their marriage spouses of the United States citizens would be eligible for naturalization which includes overseas processing too. The general naturalization requirements have to be met by spouses of US citizens generally. Modifications to these requirements are provided though by the special provisions.
Following are those various provisions:
- Applicants who have resided in the United States for at least five years after becoming a lawful permanent resident (LPR) and are spouses of US citizens may naturalize under the general naturalization provisions. It’s also important to renew green card on time. In order to hold a valid green card applicants should opt to at least renewing your green card online.
- After residing in the United States for three years after becoming a lawful permanent resident rather than five years that’s generally required spouse of a US citizen may naturalize.
- Without residing the required period or any physical presence in the United States after becoming a lawful permanent resident spouse of a US citizen who is working abroad for the US government which also includes the armed forces or other entities which are qualified may become a citizen in the United States.
- For purposes of the general five year or three year provisions for spouses spouse of a US citizen serving abroad in the US armed forces may complete naturalization process abroad while staying with his/her spouse. In such cases time spent outside US is considered under residence and physical presence in the United States.
- After becoming a lawful permanent resident without any required period of residence or physical presence surviving spouse of a US citizen who dies during honorable service period in an active duty status in the US armed forces or who was granted posthumous citizenship may naturalize in United States.
On the basis of being battered or after being subjected to extreme cruelty by their US citizen spouse those who obtained lawful permanent resident status as spouses, former spouses or intended ones may additionally file for naturalization in US.
Information on background
Reflections of the legislation dated back to 1922 are the latest provisions for naturalization for the spouse of US citizens. Before naturalization the requirement for the spouse of a US citizen to wait for five years were considered inefficient and undesirable by the Congress. To include a period of three years of residence requirement an amendment was further made by Congress in 1934.Substantially similar to the 1922 and 1934 acts Congress incorporated provisions in 1940 into the Nationality act of 1940.
In order to facilitate the naturalization process for spouses of US citizens and to provide the spouses with the protections which US citizenship could afford is what is in today’s statutes and a reflection of the long standing aim of the Congress.