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Home Immigration Types of immigration

Becoming US Citizen Through Marriage: All You Need to Know

by Ivy
18/10/2023
in Types of immigration
The University of the Arts Singapore 2022

Becoming a US citizen through marriage is a common pathway to naturalization. If you are married to a US citizen, you may be eligible to apply for a green card and eventually become a US citizen. In this article, we will explore the process of becoming a US citizen through marriage in detail, including eligibility requirements, application procedures, and important considerations.

Eligibility Requirements for Becoming a US Citizen Through Marriage

To be eligible for citizenship through marriage, there are a few requirements that you must meet. These requirements include:

  • Your spouse must be a US citizen

To be eligible for citizenship through marriage, you must be married to a US citizen. If your spouse is not a US citizen, you may still be able to apply for a green card, but you will not be eligible for naturalization based on marriage.

  • You must have a valid marriage

You must have a valid marriage to be eligible for citizenship through marriage. This means that your marriage must be recognized as valid by US immigration authorities. If you were married outside of the US, you will need to provide evidence that your marriage is valid under US law.

  • You must have a green card

Before you can apply for citizenship through marriage, you must first obtain a green card. You can apply for a green card based on marriage to a US citizen by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

  • You must meet the residency requirements

To be eligible for citizenship through marriage, you must meet the residency requirements. This means that you must have been a permanent resident for at least three years before applying for naturalization based on marriage.

Application Procedures for Becoming a US Citizen Through Marriage

The process of becoming a US citizen through marriage involves several steps. These steps include:

  • Applying for a green card

Before you can apply for citizenship through marriage, you must first obtain a green card. You can apply for a green card based on marriage to a US citizen by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form can be filed concurrently with Form I-130, Petition for Alien Relative, which is filed by your US citizen spouse.

  • Attending an interview

After you file your green card application, you will be required to attend an interview with a US immigration officer. During the interview, you will be asked questions about your marriage and your eligibility for a green card.

  • Obtaining a conditional green card

If your green card application is approved, you will be issued a conditional green card. This means that your green card will be valid for two years. Before your conditional green card expires, you will need to file Form I-751, Petition to Remove Conditions on Residence, to have the conditions removed from your green card.

  • Applying for naturalization

After you have been a permanent resident for at least three years, you can apply for naturalization based on marriage. To apply for naturalization, you will need to file Form N-400, Application for Naturalization, with US Citizenship and Immigration Services (USCIS).

  • Attending an interview and taking the naturalization test

After you file your naturalization application, you will be required to attend an interview with a US immigration officer. During the interview, you will be asked questions about your eligibility for naturalization and your knowledge of US history and government. You will also be required to take the naturalization test, which includes questions about US civics and English proficiency.

Important Considerations for Becoming a US Citizen Through Marriage

There are several important considerations to keep in mind when applying for citizenship through marriage. These considerations include:

  • Evidence of a bona fide marriage

To be eligible for a green card and naturalization based on marriage, you must provide evidence of a bona fide marriage. This means that your marriage must be based on a genuine and legitimate relationship, rather than just a means to obtain immigration benefits. USCIS will carefully scrutinize your application and interview you and your spouse to determine whether your marriage is legitimate.

  • Criminal history

If you have a criminal history, you may not be eligible for a green card or naturalization based on marriage. Certain criminal offenses, such as drug trafficking or terrorism, can make you permanently ineligible for naturalization. Even minor criminal offenses can have a negative impact on your application, so it is important to disclose all criminal history to USCIS and seek the advice of an immigration attorney if you have any concerns.

  • English proficiency

To become a US citizen, you must be able to speak, read, and write basic English. This means that you will need to demonstrate English proficiency during your naturalization interview. If you have difficulty with English, you may be eligible for an exemption or accommodation, such as taking the naturalization test in your native language.

  • Financial support

As a US citizen, your spouse may be required to financially support you. This means that your spouse will need to sign an affidavit of support, pledging to support you financially and ensuring that you will not become a public charge. If your spouse is unable to support you, you may need to seek financial assistance from other sources or explore other immigration options.

Becoming a US citizen through marriage is a common pathway to naturalization. If you are married to a US citizen and meet the eligibility requirements, you can apply for a green card and eventually become a US citizen. However, the process can be complex and requires careful attention to detail. It is important to seek the advice of an experienced immigration attorney and carefully prepare your application to increase your chances of success. With patience and perseverance, you can achieve your goal of becoming a US citizen through marriage.

Tags: US Immigration
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