How to Get US Citizenship Through Marriage

Navigating the journey to US citizenship through marriage can be an intricate process, but it can be simplified by understanding the essential steps and requirements involved. Here, we break down everything you need to know to make this journey as smooth as possible.

Understanding the Basics

When a US citizen marries a foreign national, the path to US citizenship for the foreign spouse involves several crucial steps. The process begins with securing lawful permanent residency, commonly known as a Green Card, which is a significant milestone toward citizenship.

The Marriage-Based Green Card Process

1. Marriage to a US Citizen: The first and most critical step is being legally married to a US citizen. The marriage must be recognized as valid under the laws of the place where it took place.

2. Form I-130, Petition for Alien Relative: The US citizen spouse must file Form I-130, Petition for Alien Relative, to establish the legitimacy of the relationship. This form is submitted to the United States Citizenship and Immigration Services (USCIS).

3. Form I-485, Application to Register Permanent Residence or Adjust Status: If the foreign spouse is already in the US, they will need to file Form I-485. This application allows them to adjust their status from a non-immigrant to a permanent resident.

4. Consular Processing: If the foreign spouse is outside the US, they must go through consular processing. This involves applying for an immigrant visa at a US embassy or consulate in their home country. Once approved, they can enter the US and become a permanent resident.

5. Conditional Residence: If the marriage is less than two years old when the Green Card is granted, the foreign spouse will receive a conditional Green Card, which is valid for two years. To remove the conditions, Form I-751 must be filed within the 90-day period before the card expires.

Becoming a US Citizen

Once the foreign spouse has held a Green Card for a specific period, they can apply for US citizenship. Here’s the streamlined path:

1. Meet Residency Requirements: Generally, the foreign spouse must be a Green Card holder for at least three years if married to a US citizen, or five years if not married to a US citizen.

2. File Form N-400, Application for Naturalization: This form is the official application for US citizenship. It must be submitted to USCIS along with supporting documents and the required fee.

3. Biometrics Appointment: After submitting Form N-400, applicants will receive a notice for a biometrics appointment. This involves fingerprinting and photographing for background checks.

4. Interview and Civics Test: An interview with a USCIS officer will be conducted to assess the applicant's knowledge of US history, government, and their English language proficiency.

5. Oath of Allegiance: If the application is approved, the final step is attending a naturalization ceremony where the applicant takes the Oath of Allegiance, officially becoming a US citizen.

Potential Pitfalls and Considerations

While the process is straightforward, there are common pitfalls to be aware of:

• Fraudulent Marriages: Marriages entered into solely for immigration benefits can lead to severe consequences, including denial of the application and deportation.

• Documentation Errors: Incomplete or inaccurate forms and missing documentation can delay the process or lead to denial.

• Legal Advice: It’s often beneficial to consult with an immigration attorney to navigate complex issues and ensure that all paperwork is correctly filed.

Conclusion

Obtaining US citizenship through marriage is a detailed and multi-step process, but understanding each stage can make it more manageable. From securing a Green Card to meeting residency requirements and taking the Oath of Allegiance, each step is crucial in the journey towards becoming a US citizen.