Wolfforth, TX Immigration Law Firms & Lawyers

You may file now.  Here is the reference. Section 316(a) of the INA lists the general eligibility requirements for naturalization. Under that section, a lawful permanent resident (LPR) must be a resident continuously for a period of five years subsequent to obtaining LPR status before he or she may apply for naturalization. However, section 319(a) of the INA provides that if the LPR is married to a U.S. citizen (USC), the LPR may naturalize after only three years if the LPR has lived in marital union with his or her USC spouse during the three years immediately preceding the date of filing of the naturalization application. The VTVPA amended INA section 319(a) by expanding this provision to include spouses, former spouses, intended spouses, and children of USCs who obtained lawful permanent residence by reason of having been battered or subjected to extreme cruelty by their USC spouse or parent. AILA InfoNet Doc. No. 05012741. (Posted 01/27/05)Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386

Best wishes for your marriage plans. Regarding immigration, there is no process by which a foreign national may go directly from having an F1 nonimmigrant visa to becoming a U.S. citizen. Instead, the first step is to succeed in an appropriate application to "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"). Generally after having been a Permanent Resident for five years, one may become eligible to apply to become a naturalized U.S. citizen. It would be wise to work with an immigration attorney to assess eligibilities, options and strategies that may be available for you and your fianc? to apply to adjust status. Generally application fall into family-based applications and employment-based applications, each with their own eligibility requirements and application processes. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

Assuming you are either a citizen or Legal Permanent Resident, you can apply for your husband. You'd likely get a conditional for him, and then you can remove the condition after a portion of time has lapse, and you can prove the validity of the marriage.