Introduction

Navigating the U.S. immigration system can be complex, but obtaining citizenship through marriage is one of the most common paths to U.S. naturalization. 

This guide breaks down the process, requirements, and critical information you need to know, especially if you’re considering adjustment of status (AOS) after marriage.

What Is Citizenship Through Marriage?

Citizenship through marriage allows foreign nationals married to U.S. citizens to become U.S. citizens themselves. 

The process isn’t automatic, though; it requires meeting specific eligibility criteria and following detailed legal steps. 

The two main stages are obtaining a green card (permanent residence) and then applying for naturalization to become a U.S. citizen.

Adjustment of Status After Marriage

For those already in the U.S., adjustment of status is the process by which a foreign spouse of a U.S. citizen applies for lawful permanent residency (green card) without having to return to their home country for consular processing. This allows the individual to stay in the U.S. while their green card application is processed.

Eligibility Requirements for U.S. Citizenship Through Marriage

While marriage to a U.S. citizen can expedite the process of becoming a U.S. citizen, specific requirements must still be met:

  1. Green Card Status: The foreign spouse must first obtain a green card, either through adjustment of status or consular processing if they’re outside the U.S. A green card allows the foreign spouse to live and work in the U.S. as a lawful permanent resident.
  2. Length of Time Married: The spouse must have been a lawful permanent resident for at least three years and must have been living in a marital union with the U.S. citizen for the same duration.
  3. Residency Requirements: The foreign spouse must have lived in the U.S. continuously for at least three years before applying for naturalization.
  4. Physical Presence: At least 18 months of physical presence in the U.S. during the three years before applying for citizenship is required.
  5. Good Moral Character: The spouse must demonstrate good moral character for the three years leading up to their naturalization application. Factors like criminal convictions or lying on immigration applications could negatively impact this assessment.
  6. English and Civics Tests: As with all U.S. citizenship applicants, the foreign spouse must pass an English language test and a civics test covering U.S. history and government.

Steps to Obtain U.S. Citizenship Through Marriage

  1. Step 1: Marriage to a U.S. Citizen Marriage to a U.S. citizen is the first step. Once married, the foreign spouse can begin the process of applying for a green card.
  2. Step 2: Apply for a Green Card via Adjustment of Status
    • Form I-130 (Petition for Alien Relative): The U.S. citizen spouse must file Form I-130 to establish the marital relationship with the foreign spouse.
    • Form I-485 (Application to Register Permanent Residence or Adjust Status): If the foreign spouse is already in the U.S., they can apply for adjustment of status by submitting Form I-485.
    • Supporting Documents: Along with these forms, evidence of the marriage, financial documentation (like the I-864 Affidavit of Support), and proof that the foreign spouse entered the U.S. legally are required.
  3. Step 3: Attend Biometrics Appointment and Interview After filing, the foreign spouse will attend a biometrics appointment and a green card interview, where both spouses must provide evidence of their legitimate marriage.
  4. Step 4: Conditional Green Card If the marriage is less than two years old at the time the green card is granted, the foreign spouse will receive a conditional green card valid for two years. After two years, the couple must jointly file Form I-751 to remove conditions and receive a permanent 10-year green card.
  5. Step 5: Apply for Naturalization (Form N-400) After maintaining green card status for three years and meeting the other eligibility criteria, the foreign spouse can apply for U.S. citizenship by submitting Form N-400, Application for Naturalization.
  6. Step 6: Attend Citizenship Interview and Take the Oath of Allegiance The final step involves attending an interview with USCIS, passing the English and civics tests, and taking the Oath of Allegiance to officially become a U.S. citizen.

Common Challenges When Applying for Citizenship Through Marriage

  1. Proving a Bona Fide Marriage: USCIS looks closely at marriages to ensure they are not entered into for immigration purposes. Couples may need to provide evidence of shared finances, cohabitation, and other aspects of their marital relationship.
  2. Adjustment of Status Delays: While adjustment of status allows the foreign spouse to stay in the U.S., processing times can vary, and delays may occur if additional evidence is requested or interviews are postponed.
  3. Conditional Residency: The two-year conditional green card period can be a critical time for married couples. Failing to remove conditions within the required timeframe can result in the loss of lawful permanent resident status.
  4. Language and Civics Tests: Some foreign spouses may find the English and civics tests challenging, especially if they are not fluent in English or unfamiliar with U.S. history.

Benefits of U.S. Citizenship Through Marriage

  • Right to Vote: U.S. citizens have the right to vote in federal, state, and local elections.
  • Eligibility for Government Jobs: Many federal jobs are only available to U.S. citizens.
  • Ability to Sponsor Relatives: As a U.S. citizen, you can sponsor other relatives, including parents and siblings, to come to the U.S.
  • Protection from Deportation: U.S. citizens are protected from deportation, unlike green card holders who can lose their status for certain criminal convictions.

FAQ: Citizenship Through Marriage

1. How long does the process take to become a U.S. citizen through marriage?

The timeline can vary, but on average, it takes around three to five years. The foreign spouse must be a lawful permanent resident for at least three years before applying for citizenship.

2. Can I apply for citizenship through marriage if I don’t have a green card yet?

No, obtaining a green card is the first step before applying for citizenship.

3. What happens if my marriage ends before I obtain citizenship?

If the marriage ends before you receive your green card, your case could be scrutinized more closely. If the marriage ends after you receive a conditional green card, you may need to file Form I-751 with a waiver of the joint filing requirement.

Conclusion

Becoming a U.S. citizen through marriage offers many benefits, but the process requires careful planning and attention to detail. 

Adjustment of status after marriage is a vital component for those already in the U.S., allowing them to stay with their spouse while working toward a green card and eventually, citizenship.

If you’re considering this path, working with an experienced immigration attorney can streamline the process and ensure all requirements are met.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the writer does not recommend or endorse the contents of the third-party sites.

Readers of this website should contact a licensed attorney to obtain advice with respect to any particular legal matter.