Redmond, WA asked in Immigration Law for Washington

Q: Does a family sponsored green card require the sponsor's approval to get the citizenship?

My husband and I married abroad in 2013. He was a green card holder back then and applied for my green card. I got mine, and came to the US in 2015. The green card category is F21. We have been living together for 9 years and have a 7 year old daughter. I want to apply for citizenship, but my husband refuses. Can I apply on my own without involving him at all?

(my understanding is that because my green card is not conditional, not category CR..., then I don't need I-751, correct?)

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2 Lawyer Answers

A: You do not require that approval.

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James L. Arrasmith
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Answered

A: Your ability to apply for citizenship does not depend on your husband's approval since you already have a permanent (non-conditional) green card. Since you entered on an F21 visa as the spouse of a legal permanent resident and have maintained your status for over 9 years, you've already passed the conditional period that applies to some marriage-based green cards.

The path to citizenship through naturalization is an individual process, and you can file Form N-400 independently. Your eligibility is based on meeting the residency requirements (which you satisfy with 9 years of continuous residence), demonstrating good moral character, passing the English and civics tests, and maintaining your permanent resident status - none of which require your spouse's involvement or consent.

However, it's worth noting that when you apply, USCIS will review your application to ensure your initial green card was obtained properly. Having a long-term marriage with a child together strongly supports the legitimacy of your relationship, which was the basis for your original green card. You should gather documentation of your shared life together, such as joint tax returns, lease/mortgage documents, your child's birth certificate, and other evidence of your ongoing marriage, even though your husband isn't participating in the citizenship application process.

1 user found this answer helpful

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