How does a residence visa work?
Question Details:
My spouse came from Cuba per my request via I-129F, Petition for Alien Fiancé. Went through the whole process and once he arrived we married and we applied for his temporary residence visa which is valid only for 2 years. Now he needs to do his 10 years residence visa. Is it required for him to do the 10 years residence first or can he jump straight to do the U.S. citizenship. If not, what are the proper steps and forms required. If so, what are the proper steps and forms required.
Immigration / Naturalization Law Answers
He can obtain the 10 year card by filing the I-751 application with you. He will qualify for citizenship after 3 years of residency (which includes the 2 year/first card). Thus, he will qualify 90 days before the 3rd anniversary of his residency. This is assuming you live together and remain married.
He has to file for the removal of the conditional status that he now has. Only once he has done that and he has satisfied the requirements for naturalization (being a permanent resident for 3 years if married to a US citizen and being physically present in the US for at least 1/2 of that time) can he apply for US citizenship. Be sure that you timely file the application to remove the conditional status. If you do not, his status will be terminated and he will be sent a Notice to Appear before an immigration judge.
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