Acquiring United States citizenship through a marital union is a fulfilled dream for several aliens and their loved ones. This detailed guide discusses the requirements and steps to accomplishing this dream. At California Immigration Attorney, we understand every challenge immigrants face. Our lawyers are readily available to help navigate these challenges successfully.
What Citizenship Via Marriage Entail
Obtaining United States citizenship by naturalization is the process through which an immigrant voluntarily becomes a United States citizen. To be eligible, a person must meet given requirements, including:
- Proving good moral character
- Proving continuous residence
- Having a green card for a particular period, and
- Passing civics and English tests
Usually, an applicant must be a permanent resident for at least five years to naturalize. However, if you are a permanent resident spouse of a United States citizen, a unique immigration law provision permits you to acquire citizenship via marriage in only three years. If your application is approved, the last step is to swear allegiance to the U.S. by taking an oath. Taking the oath concludes your journey to United States citizenship, granting you the full responsibilities and rights to be an American.
Obtaining a Marriage Green Card
If you are a citizen from another country legally married to a United States citizen, you may be eligible for a marriage green card. This green card will make you either a conditional permanent resident or a lawful permanent resident of the United States. The card permits you to work and live anywhere in the county. You will hold the permanent residence status until your marriage visa expires or you decide to become a United States citizen by naturalization. Usually, a marriage green card is a transitional step toward eventual naturalization.
To obtain a marriage green card, the following are the eligibility requirements you must meet:
- Your marriage should be valid
- You must have a bonafide relationship
- You must be admissible to the United States
- You must determine whether you will apply for your card via adjustment of status or consular processing
Naturalization Through Marriage
If you already have a marriage green card, you can seek to be a United States citizen through naturalization. A marriage green card provides a substantial step toward permanent residency. However, naturalization offers more benefits and privileges. But before applying for naturalization, understand you must satisfy various requirements and qualifications. The INA (Immigration and Naturalization Act 319(a)) lists these requirements and qualifications. They are:
Permanent Residency
To qualify for naturalization via a marital union, you must have held a marriage green card for at least three years. Your time in the U.S. as a green card holder or permanent resident starts when the USCIS (United States Citizenship and Immigration Services) grants you your green card.
Living In Marriage
To be eligible for naturalization through marriage, you must have been living in a marital union with your United States citizen wife or husband for the last three years of residence. Living in a marriage or marital union is when you and your spouse live together. To show this, provide enough evidence like:
- Joint bank accounts,
- Tax returns,
- Insurance policies,
- Leases,
- Affidavits from family and friends
- Photographs
Annulment, separation, or divorce can interfere with this requirement. If issues arise with your marital union, talk to a lawyer before you file for naturalization or wait until you satisfy the standard criteria.
Continuous Residence
Another condition is that you must have continuously lived in the U.S. for at least three years before applying. That is three years from when you acquired your marriage green card. Prolonged travels outside the U.S. might interrupt your continuous stay. In turn, they can impact your naturalization eligibility. If you must travel, ensure you are not away for 180 days or more. If you are absent for six or more months, the USCIS will presume your trip or trips have disrupted the continuous residence condition.
Also, keep comprehensive records of your travels while ensuring they adhere to USCIS guidelines. While you may travel shortly, ensure you still maintain ties to the United States. You maintain ties by, for example:
- Continuing to keep a residence,
- Continuing to file tax returns and
- Showing the intention to return to the U.S.
This continuous residence condition will help show you have started integrating with the U.S. community and mean to live in the country.
You must also live continuously in the U.S. from submitting your naturalization application to when the USCIS finalizes the process. Again, you can travel abroad during this period but not relocate your home to a different country.
You may be exempt from the continuous residence condition if you have an overseas job. For example, if you work for the United States Armed Forces or the government.
Physical Presence
Also, you must prove you have been physically present in the U.S. for not less than eighteen months over the required three years. Several brief trips can cause problems as far as the physical presence requirement is concerned.
Physical presence is the total number of days you must be in the country. The USCIS wants to be sure you genuinely want to be a citizen. Like continuous residence, this requirement shows you have started integrating with the U.S. community and aim to live in the country. Again, you may be exempt from this qualification if you have an overseas job.
Good Moral Character
Another requirement is that you must prove good moral character. This includes:
- Complying with U.S. statutes,
- Not committing severe immigration and criminal offenses and
- Paying taxes.
A bad moral character might affect your qualification for naturalization.
Civics and English Knowledge
Lastly, you must prove you are proficient in English. This involves having basic knowledge of the language, including the capability to speak, read, write, and understand it. Certain individuals are exempt from this qualification, including those suffering from medical disabilities,
You must also have a basic knowledge of the United States’ history and government. This is generally assessed by administering the civics exam during the citizenship interview process.
Preparing for the civics and English tests can be a daunting task. Use study materials the USCIS provides and consider joining a preparation class. Practicing with sample questions will also boost your confidence. Several practice tests and tools are available to assist you in preparing for the naturalization interview and test.
Other conditions and qualifications include:
- Possessing a clean criminal record and
- Being current on filing your federal-related tax returns.
Knowing the requirements for naturalization through marriage is the initial step toward realizing your dream of being a United States citizen. Having these qualifications will make navigating the naturalization journey less challenging. Moreover, seeking help from a lawyer will make this process even easier. By complying with these two factors, you can be confident that you will receive the best potential results for your application.
The Naturalization Process
If you are a United States citizen's spouse seeking naturalization, you can file your request up to ninety days before completing your requirement for continuous residence. Naturalization through marriage entails a detailed process that the USCIS oversees. Here are the stages involved.
First, check whether you tick all the naturalization eligibility boxes, as discussed above.
Step One: Preparing Form N-400
Your first step in naturalization is preparing Form N-400, the application form for naturalization. This is where you fill in your background, personal, and eligibility information. Ensure that you fill in all sections honestly and accurately.
Step Two: Gathering Support Documents
After you have prepared the application form, the next step is to gather all the required documents. These documents corroborate the application information. They prove you qualify for naturalization. You will generally need to have the following documents:
- Evidence that you have good moral character (affidavits, a police clearance certificate)
- Documents demonstrating that you are living in marriage. These may include lease agreements, tax returns, photos, and children's birth certificates
- Evidence to show your wife's or husband's United States citizenship. This includes a naturalization certificate, passport, or birth certificate
- Evidence of your marital union to a United States citizen, for example, your marriage certificate
- A copy of your marriage green card (both sides)
- Evidence of physical presence and residency in the U.S.
- Any further supporting documents and evidence, as requested
The complete checklist of required supporting documents varies slightly based on your responses in the application form.
Step Three: Submitting Your Application
After you have prepared your supporting documents and application form, file them with the USCIS. You will be required to pay the filing fee. It is worth repeating that you can file your application up to ninety days before satisfying the 3-year continuous residency condition. After successful filing, the application’s processing timeline officially begins.
Step Four: Attending an Appointment for Biometrics
Your first appointment will be the biometrics screening. USCIS officials will set this screening. They will take your photograph, signature, and fingerprints to verify your identity. This step is routine to the application procedure.
Step Five: Attending the Interview
The next step is for the USCIS to schedule a citizenship interview at their field office. At this interview, an officer from USCIS will:
- Assess your application
- Test your civics and English knowledge
- Ask questions about your background, eligibility for naturalization, and residency
Prepare to answer more questions about your marital union and, if need be, provide more documents. Also, ensure you provide honest and accurate answers.
Step Six: Taking the Oath of Allegiance
Should the USCIS approve your application, a ceremonial event will be set up. Here, you will swear allegiance to the U.S. and renounce allegiance to any foreign nation by taking an oath. This is your last stage of becoming a United States citizen through naturalization. Before the ceremony ends, the USCIS gives you a naturalization certificate. This certificate proves your United States citizenship. Keep it safe since it acts as official evidence of being a citizen of the U.S.
Same-Sex Marital Unions
Immigration law acknowledges same-sex marital unions the same way it does opposite-sex unions. Provided the union was lawful in the jurisdiction where it occurred, USCIS acknowledges it as a legal marriage. For same-sex marriages, the USCIS reviews the laws and rules of the jurisdiction where the marriage occurred. This is to help them establish whether that jurisdiction acknowledges same-sex unions or whether the union is otherwise valid.
Naturalization Through Marriage Is Not Mandatory
Seeking naturalization through marriage when your spouse is an American is not compulsory. In most cases, an American citizen’s spouse might qualify for citizenship otherwise. They may be eligible for a five-year continuous residence as a permanent resident.
Suppose your spouse is a United States citizen, and you also have been a permanent resident in the U.S. for five years. In this case, you have two options for applying for naturalization. You do not use a USCIS condition for naturalization based on your marital union.
Generally, seeking citizenship contingent on permanent residency is more straightforward than through marriage. That is because providing more documents of your union and spouse will be optional.
Also, suppose you and your American citizen spouse have divorced or do not live together. In this case, you can also seek naturalization after five years of permanent residency in the U.S.
Find a Skilled Immigration Attorney Near Me
Being naturalized to the United States through marriage is a great milestone with many benefits. For example, you will have the right to vote in the U.S. and can access federal benefits and jobs. You will also have unrestricted travel and protection against deportation, among other advantages. By knowing the steps towards naturalization and meeting eligibility requirements, you can easily navigate the process of converting to a proud American citizen.
To sail through the naturalization process, you want to work with a knowledgeable immigration attorney. At California Immigration Attorney, we boast in-depth experience assisting spouses of United States citizens across California to be naturalized. We will review your case and advise you accordingly based on the facts. Call us at 424-789-8809 today to learn how we can help you.