Many people believe that marrying a U.S. citizen automatically grants U.S. citizenship. However, this is a common misunderstanding. While marriage to a U.S. citizen can help you get a green card faster, it’s just the first step in the process toward citizenship. Here’s what you need to know.
1. Marriage Doesn’t Equal Automatic Citizenship
Marrying a U.S. citizen makes you eligible to apply for a green card (lawful permanent residence), but it does not grant you citizenship automatically. You must go through several steps before you can apply for naturalization, which is the process of becoming a U.S. citizen.
2. The Process After Marriage
Step 1: Apply for a Green Card (Permanent Residency)
Your U.S. citizen spouse must sponsor you by filing:
- Form I-130 (Petition for Alien Relative) to prove your marriage is genuine.
- Form I-485 (Adjustment of Status) if you’re in the U.S., or apply through consular processing if you’re outside the U.S.
Step 2: Prove Your Marriage Is Real
U.S. Citizenship and Immigration Services (USCIS) will review your documents and may interview you and your spouse to confirm that your marriage is not solely for immigration benefits.
Step 3: Receive a Green Card
If married for less than 2 years when your green card is approved, you’ll get a conditional green card (valid for 2 years). You must later file Form I-751 to remove conditions and get a 10-year green card.
3. Applying for U.S. Citizenship
After holding a green card, you can apply for U.S. citizenship through naturalization. If married to a U.S. citizen, you may qualify sooner:
- 3 years of permanent residency if married to and living with your U.S. citizen spouse continuously.
- Otherwise, you must wait 5 years as a green card holder.
You’ll need to:
- Meet residency and physical presence requirements.
- Show good moral character.
- Pass the English and civics tests.
- File Form N-400 (Application for Naturalization).
4. What If You Divorce Before Getting Citizenship?
If you divorce before applying for naturalization, it could affect your timeline:
- You may lose eligibility for the 3-year rule and have to wait 5 years instead.
- If you have a conditional green card, you can still apply to remove the conditions, but you’ll need to provide extra proof that your marriage was genuine.
5. Key Takeaways
- Marriage to a U.S. citizen does not give automatic citizenship.
- You must apply for a green card first, then meet eligibility requirements for naturalization.
- The fastest path to citizenship through marriage typically takes 3 years after getting your green card.
Need Help with the Immigration Process?
Immigration rules can be complex. If you need help with green card applications, naturalization, or proving your eligibility, consider speaking with an immigration lawyer at Richards and Jurusik for guidance.
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