How to Get American Citizenship Through Marriage

Introduction Imagine being on the brink of becoming a U.S. citizen, with the freedom to live, work, and enjoy all the benefits of American life. This isn't just a dream but a feasible reality for many through the process of marriage to a U.S. citizen. But what exactly does this journey entail? Let's unravel the process, step-by-step, to transform that dream into a reality.

1. The Marriage-Based Immigration Process Getting American citizenship through marriage involves several stages. Here’s an overview of what you need to know:

1.1. Marriage to a U.S. Citizen The journey begins with marrying a U.S. citizen. This marriage must be bona fide, meaning it's genuine and not just for immigration purposes. The U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriages closely to prevent fraud.

1.2. Obtaining a Green Card Once married, the foreign spouse can apply for a Green Card (Lawful Permanent Residence). This step involves several key forms and supporting documents:

1.2.1. Form I-130 (Petition for Alien Relative) This form is filed by the U.S. citizen spouse. It establishes the legitimacy of the marriage and the relationship between the spouses.

1.2.2. Form I-485 (Application to Register Permanent Residence or Adjust Status) If the foreign spouse is already in the U.S., they file this form to adjust their status to that of a permanent resident.

1.2.3. Consular Processing If the foreign spouse is outside the U.S., they will undergo consular processing at a U.S. embassy or consulate in their home country. This involves an interview and a medical examination.

1.3. Conditional Residency For marriages less than two years old at the time of Green Card approval, the foreign spouse will receive a conditional Green Card valid for two years.

1.4. Removing Conditions To obtain a permanent Green Card, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day period before the conditional Green Card expires. This requires proving the marriage is still valid and ongoing.

2. Applying for U.S. Citizenship After holding a Green Card for three years, the foreign spouse can apply for U.S. citizenship. Here’s the process:

2.1. Meeting the Eligibility Requirements To apply for citizenship, you must meet these requirements:

• Continuous Residence: You must have lived in the U.S. as a Green Card holder for at least three years.
• Physical Presence: You should have been physically present in the U.S. for at least half of that time.
• Good Moral Character: Demonstrating good moral character is essential, which means no serious criminal offenses or immigration violations.

2.2. Filing Form N-400 (Application for Naturalization) This form initiates the citizenship process. It includes questions about your background, residency, and marital history.

2.3. The Naturalization Interview You will be required to attend an interview where you must demonstrate knowledge of U.S. history and government, as well as your ability to speak and understand English.

2.4. The Oath of Allegiance If your application is approved, you will attend a naturalization ceremony and take the Oath of Allegiance, officially becoming a U.S. citizen.

3. Challenges and Considerations While the path to citizenship through marriage is clear, several challenges may arise:

3.1. Proving the Bona Fides of Your Marriage The USCIS places significant emphasis on proving that the marriage is genuine. This includes presenting evidence like joint bank accounts, lease agreements, and photos.

3.2. Dealing with Delays and Requests for Evidence (RFEs) The process can be lengthy, and you may face requests for additional evidence. Patience and thorough documentation are crucial.

3.3. Navigating Complex Cases Certain situations, such as previous immigration violations or criminal records, can complicate the process. Consulting an immigration attorney is advisable in such cases.

4. Conclusion The journey to American citizenship through marriage is multi-faceted and requires careful navigation of legal processes. However, with a clear understanding of the requirements and preparation, it is entirely achievable. Embrace the process, stay informed, and let the dream of U.S. citizenship become your reality.