Monthly Archives: September 2017

American Citizenship (Naturalization): The Final Step for your Filipina Spouse

It’s time to talk about naturalization: acquiring U.S. citizenship for your Filipina spouse.  But before we go further let’s review.

Here are a few of the steps I have already discussed in previous posts:

  1. Getting Married in the Philippines
  2. The Medical Exam
  3. The Embassy Interview
  4. The CFO Stamp
  5. The Petition to Remove Conditions on Residence (applying for the 10-year visa)

The above steps are for the spousal visa.  The process for a fiancee visa is a little different, but steps 2-5 are part of everyone’s immigration who comes to the USA to be with his/her fiancee/spouse.

There is one final step once you’ve gone through all of this: naturalization.  By this I mean your Filipina wife becoming U.S. citizen.

Here are the requirements, straight from the USCIS Website:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law.

How soon can you apply?  Within 90 days of reaching the requirement of living in the USA for three years as a permanent resident (green card) holder.  Take note: if you apply before she reaches this window your application will be denied. 

Should you apply as soon as she is allowed?  It’s really up to you.  By this time she’ll have her 10-year visa, so there’s not necessarily a rush.  You may be planning to move, expecting a baby, or other events that would make the timing less than idea.

There are three things I would advise you to keep in mind:

  1.  Don’t wait until her 10-year visa is about to expire if you plan to apply for citizenship.  By this time you should be familiar with the sluggish pace at which the U.S. government moves regarding immigration issues.  In other words, plan for delays and make sure she has plenty of time left on her 10-year visa when you apply (a minimum of two years would be my recommendation).  You could apply for another 10-year visa I guess, but planning ahead will eliminate paying unnecessary fees.
  2. Keep an eye on her Philippine passport’s expiration date.  You don’t want your wife to be without a viable passport if you can help it, and you probably wouldn’t want to go through the hassle of renewing her Philippine passport if you are just weeks away from her getting a U.S. passport.
  3. Remember that government fees never get cheaper.  The longer you wait, the more likely that fees will increase.

Let’s say you are ready to apply.  Here’s the good and bad news (bad news first):

Bad news:

Your government loves fees, and you’ll have to pay 725$ when you apply (640 for the application fee and 85 for the background check).

There is a wait involved, just like every other step.

Good news:

The n-400 form is pretty simple and straightforward–it’s actually less complicated than some of the previous steps.

You are waiting out this process together as husband and wife.

You are (hopefully) just months away from being finished with this process for good–no more USCIS red tape!

The Naturalization Process

The application for naturalization is form n-400.  Go to the government page, read the instructions, and download the form.  Fill it out and send it in along with the fee and anything else that is required.  You may find it helpful to look up sample completed n-400’s online to guide you.

Next is the biometrics notice and appointment.  You should get a notice for her biometrics (fingerprinting, etc.) appointment within a month or so of applying.  The appointment itself usually happens within about two months of the application.  Once she’s done with biometrics you’re in for another wait.

She should get a notice for her naturalization interview appointment within 3-5 months.  The interview itself usually happens within 5-6 months of the initial application.  By this time she should already be studying for the interview.  There are materials available on the USCIS website, and there are apps available for both Mac/Apple and Android.

The actual citizenship interview is usually scheduled within about 6 months of the application.  The typical Filipina will have no trouble with this interview as long as she’s studied.  Her English proficiency will be more than enough to satisfy the language requirements, and the civics portion is not difficult.  The interview only takes a few minutes, but you may have to deal with the hassle of traveling to a different city (depending on where you live and the nearest USCIS office).

You should receive an invitation for the oath-taking ceremony within a month of the interview (the invitation will include a short questionnaire).  But the USCIS does have 120 days (4 months) to issue a decision, so don’t get too concerned if you don’t hear from them right away.

The oath taking itself is the final step.  Here are just a few helpful hints for the ceremony.

*There may be two lines going into the venue: one for the applicants and the other for the applicant’s family/friends.

*Be prepared for a significant wait.  The ceremony itself will probably be about an hour, but it may not start until 2-3 hours after the time posted on the invitation letter.

I think you’ll find this ceremony to be a very satisfying conclusion to the long process you’ve both been through.

She may be able to apply for her U.S. Passport at the ceremony itself if agents are available.  If not she can just follow the passport application instructions from the Department of State for other ways.

One last thing: she’ll want to change her citizenship status with Social Security.