Married to a U.S. Citizen? Your Guide to Green Card and Citizenship

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Marrying a U.S. citizen is a life-changing event, not just personally but also in terms of your immigration status. This union opens the door to obtaining a green card (also known as lawful permanent residency), which is the first step toward becoming a U.S. citizen. After marriage, the process of obtaining a green card typically takes several months, depending on individual circumstances and USCIS processing times. 

The initial step involves applying for a green card through marriage, which allows you to live and work permanently in the United States. This process includes submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status), among other documents. Once approved, these forms confirm your status as a lawful permanent resident. Now that is great news!

After holding a green card for the required period – this is usually three years if you remain married to your U.S. citizen spouse – you can apply for U.S. citizenship through naturalization. This step involves demonstrating continuous residence, good moral character, and a strong knowledge of the English language as well as U.S. history and government. 

Understanding the timing and requirements for both the green card and citizenship processes ensures a smoother transition from spouse to citizen. In this article, we will cover the ins and outs of obtaining permanent legal resident status as well as naturalization, so that you can eventually become a citizen of the USA. 

Green Card Process

Navigating the green card process through marriage to a U.S. citizen is a significant pathway to lawful permanent residency. While it can sometimes seem confusing, it does not have to be – remember, help is here if you need it! Let’s go over the essential steps, requirements, and considerations for spouses seeking to secure their status in the United States through marriage.

Eligibility

To be eligible for a green card through marriage to a U.S. citizen, you must be legally married to your spouse – and, importantly, the marriage must be legally valid, entered into sincerely and not solely for immigration benefits. 

This requires demonstrating your genuine relationship through various forms of evidence. For instance, you might provide joint financial records like bank statements and tax returns, shared living arrangements such as leases or mortgages, and photos and correspondence that illustrate your life together. Both parties must be legally free to marry, and your U.S. citizen spouse must meet financial requirements, providing an affidavit of support (Form I-864) to ensure you will not need to rely on public funds.

After obtaining a marriage-based green card, which typically occurs within several months of application depending on processing times, you can apply for U.S. citizenship through naturalization. This process requires holding your green card for at least three years if you remain married to a U.S. citizen and meet other residency requirements. We will dive deeper into this process in a few paragraphs!

Understanding these steps and preparing your documentation thoroughly will facilitate a smoother path to obtaining lawful permanent residency and eventually pursuing U.S. citizenship through marriage.

Meeting the basic eligibility criteria outlined above is essential for starting the green card application process and successfully obtaining lawful permanent residency through marriage. Proper preparation and documentation can make the difference in a smooth and efficient process, ultimately leading to your new life as a lawful permanent resident in the United States.

Application Process

The application process for a green card through marriage to a U.S. citizen involves several key steps aimed at establishing a genuine marital relationship. Initially, the U.S. citizen spouse must file Form I-130, Petition for Alien Relative, to begin the process. This form, along with all of the necessary supporting documentation (such as the marriage certificate and evidence of citizenship), confirms the legitimacy of the union.

Once the Form I-130 petition is approved, the next step for the foreign spouse, if you are already legally present in the U.S., is filing Form I-485. This is also called “Application to Register Permanent Residence or Adjust Status.” This process allows the foreign spouse to pursue a green card without leaving the country, as long as they can provide supporting documentation demonstrating lawful entry and passing medical examination results.

Following submission, both spouses will undergo an interview with a USCIS officer to substantiate the authenticity of their relationship. Bringing original documents and additional evidence to the interview is crucial to validating the marriage's bona fide nature. These days, these interviews are occasionally omitted from the process. However, there is still a chance you might be required to complete a USCIS interview. 

Successfully completing these steps leads to obtaining lawful permanent residency, a significant step toward U.S. citizenship through marriage. When you understand the process timeline and requirements, you will be able to enjoy a smoother transition and easily answer questions about eligibility and the path to citizenship through marriage in the United States.

Processing Time 

The current processing times for marriage-based green cards typically range from 10 to 24 months, as per USCIS data. This duration encompasses the submission of Form I-130 by the U.S. citizen spouse and the subsequent processing of Form I-485 for the foreign spouse already residing legally in the U.S. 

However, marrying a U.S. citizen does not automatically guarantee citizenship. Instead, it initiates the path towards lawful permanent residency (green card) and, eventually, citizenship through naturalization.

So why do these processing times vary so much? Well, there are many different factors at play in these situations. 

Factors influencing processing times include the volume of applications, case complexity, and the specific USCIS service center handling the application. Delays may also occur due to incomplete submissions, incorrect information, or requests for additional evidence. Interviews and background checks can also impact timelines, potentially extending processing beyond the usual estimates provided by USCIS.

Understanding these nuances is crucial for managing expectations and ensuring a well-prepared application. While some cases proceed swiftly with comprehensive documentation, others may require more time and attention. 

How can you check on the timeline of your individual case? You can monitor your case status via USCIS channels or by Clicking Here. This is also a great way to promptly address any inquiries or requests that can facilitate a smoother process towards achieving permanent residency and, ultimately, citizenship after marriage to a U.S. citizen. For processing times Click Here. 

Path to Citizenship

Now that you know a bit more about obtaining your green card, let’s talk about naturalization, or the process of becoming a U.S. citizen. Remember, this is a twofold process – you will first need to obtain your green card through the steps above and then, secondly, embark on the journey toward citizenship of the United States. 

Eligibility

To be eligible for naturalization through marriage to a U.S. citizen, you must meet specific criteria that include holding a green card for at least three years, provided you have maintained a marital union during this period. Exceptions may apply, such as if your spouse works abroad for qualifying U.S. employers. 

Additionally, meeting residency requirements involves continuous U.S. residence for three years preceding Form N-400 filing, with at least 18 months physically present in the country and three months in the application state or USCIS district.

Demonstrating good moral character, avoiding significant criminal records, and adhering to immigration laws are crucial. Passing the citizenship test and interview assesses English proficiency, U.S. history, and government knowledge.

Understanding these steps allows for successful navigation of the path from marriage-based green card to citizenship. It is essential to plan accordingly, taking into account the timeline for applying for a green card after marriage and subsequent steps toward U.S. citizenship through marriage.

Naturalization Process

The naturalization process for becoming a U.S. citizen through marriage involves filing Form N-400, Application for Naturalization, with USCIS. What is this form all about? 

Form N-400 involves detailing your background, residency, and eligibility. You will also be including proof of lawful permanent residency (green card), photographs, and the filing fee. After filing, USCIS will schedule a biometrics appointment to conduct fingerprinting and a background check, which will be followed by a naturalization test and interview.

What will the test cover? That is a great question!

The naturalization test assesses English proficiency and knowledge of U.S. history and government. USCIS provides study materials to help prepare for these exams. During the interview, an officer reviews your application, asks about your background, and evaluates your understanding of English and civics. They also assess residency and good moral character requirements.

Once you pass the tests and interview, USCIS schedules a naturalization ceremony where you take the Oath of Allegiance, officially becoming a U.S. citizen. This process clarifies the path to naturalization through marriage, addressing how to become a U.S. citizen via marriage and the timeline for obtaining a green card post-marriage. 

Many times, the naturalization ceremony will happen on the same day as the citizenship test. It is crucial to attend both of these events, or you may put your citizenship in jeopardy. 

Timeline

After obtaining a green card through marriage to a U.S. citizen, you typically need to wait three years before you can apply for U.S. citizenship. However, the entire naturalization process can take an additional 8 to 12 months, according to USCIS data. 

This estimate encompasses the time needed to process your Form N-400, Application for Naturalization, schedule your biometrics appointment, and complete your citizenship test and interview. Keep in mind that these timelines are general estimates and can vary based on individual circumstances, such as the volume of applications, completeness of your application, and any additional background checks required.

It is important to emphasize that marrying a U.S. citizen does not automatically grant you U.S. citizenship. Marriage establishes your eligibility to apply for a green card (lawful permanent residency) and, eventually, naturalization. The path from green card holder to U.S. citizen involves a series of steps, including meeting residency requirements, demonstrating good moral character, and passing a citizenship test and interview.

If you understand  these requirements and timelines, you are in a better position to manage expectations and ensure you are prepared for each stage of the process. While the journey from green card holder to U.S. citizen may take time, careful preparation and adherence to USCIS guidelines can facilitate an easier and more pleasant transition without too many obstacles in your way. Thoroughly reading this article to gain a baseline understanding is a great place to start – your commitment to becoming a citizen is already clear if you have made it this far!

Conclusion

In summary, the journey to becoming a U.S. citizen through marriage to a U.S. citizen is a two-step process: obtaining a green card and then applying for naturalization. 

Initially, the U.S. citizen spouse files Form I-130, followed by the foreign spouse filing Form I-485 if they are already in the U.S. legally. This green card application process typically takes between 8 to 12 months. Once you have held a green card for three years and met residency and other requirements, you can apply for naturalization. The naturalization process, including the citizenship test and interview, can take an additional 10 to 12 months.

Don’t forget – marrying a U.S. citizen does not automatically confer U.S. citizenship. The process requires careful preparation, submission of accurate documentation, and adherence to USCIS guidelines.

For a smoother application process, consult USCIS resources to stay informed about current requirements and processing times. Consider seeking advice from immigration professionals like our team at Consulta Immigration to navigate the complexities of the immigration process and ensure that your application is complete and accurate.

By understanding and following these steps, you can achieve your goal of becoming a U.S. citizen and fully enjoy the rights and privileges that come with it. Consulting an immigration expert can help to better understand the entire U.S. citizenship process.