Murphy, TX Immigration Law Firms & Lawyers

Generally, under existing law, no, there is no law allowing her to stay longer than the 90 days. When you become a USA citizen, that will change, but otherwise, you need another solution to try to allow her to stay.

Your wife can petition for you by filing a I-130 relative petition with USCIS. If you were unlawfully present in the U.S. in excess of 12 months, you will be required to file a waiver on form I-601 in order to return to the U.S. within 10 years of your departure.

Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.