Dear Mrs Huntington:

My wife is a permanent resident (green card holder) for approximately nine years and currently lives in Florida.

During the nine years, and due to her mother's illness, she had to give up her job and be back and forth between the United States (US) and Jamaica for two years. During the two years, she was keen not to spend more than six months outside the US. She returned permanently to live in the US in December 2006. We also have two children - both born in the States.

Distance has caused a lot of challenges to our marriage. At this point, she would like to file for her citizenship and subsequently file for a green card for me as her husband.

I am a Jamaican living in the Cayman Islands. I moved here so I can assist my wife with family expenses, as this was not possible earning Jamaican dollars.

Kindly advise us on the probability of my wife getting her citizenship at this time. I do travel to the States quite frequently, but given these challenging economic times, maintaining dual place of residence is taking a serious toll on me.

Dear Sir:

To qualify for US citizenship your wife would have to be:

(1) a permanent resident for five years;

(2) not been outside the US for any one period of six months or more;

(3) in the last five years must have been in the US more than she has been outside the country; and,

(4) be a person of good moral character (e.g. file tax returns and have no arrests and/or convictions).

Naturalisation application

Thankfully, your wife was careful to not have stayed outside the US for six months or more during the last five years. Since she returned to live in the US in December 2006, she could very well be able to file her naturalisation application now. She needs to take her passport and list all her trips outside the US over the last five years. In the past, some green card holders would travel without their passports and consequently, there are no stamps in their passports indicating when they entered the US. This can work against an applicant. Your wife must be as close as possible to her actual travel dates. If she is not sure of the exact travel dates, she must indicate approximate in the margin. She must have been in the US for at least 913 days of 1,825 days (365 X 5 = 1,825) in the last five years.

Secondly, your wife needs to make sure she has filed all her tax returns for at least the last five years. US citizens and permanent residents are required to file their tax returns every year by April 15 no matter where in the world they reside. Please have your wife consult with an accountant who has experience in preparing US tax returns for persons who live both inside and outside the US, and who may have worldwide income. Your wife must ensure that she does not file her taxes as a non-resident. Filing as non-resident status on your US income tax returns can lead to less tax liability, but it will disrupt your residency requirements for naturalisation purposes.

Additionally, there are questions on the application for naturalisation that asks where she has lived and worked for the last five years. Be sure to answer all questions truthfully and completely.

If your wife has ever been arrested, she should consult with an immigration attorney before filing her naturalisation application. Please visit www.uscis.gov for instructions on becoming a US citizen.

As a permanent resident, your wife can file a petition for alien relative for you her spouse. That petition takes about four to four-and-one half years. It is advisable for your wife to go ahead and file for you as a permanent resident before she goes for her Naturalisation interview. This would signal to the interviewing officer she intends to make the US her home and the one missing link - you - is in the process of being reunited with the family.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.