Everything You Need to Know About Citizenship Marriage
Posted by Frank Gogol
It isn’t unusual for U.S. citizens to fall in love and marry foreigners. We know marrying a foreigner has certain practical implications such as getting visas and permits in order. The good news is all the administrative processes that go into getting and renewing visas and green cards isn’t forever.
Foreigners married to U.S. citizens have the opportunity to also become U.S. citizens through citizenship marriage. Below we take a look at what exactly citizenship marriage entails and some of the most frequently asked questions about it. Let’s take a look.
Table of Contents
What is Citizenship Marriage
A foreigner has the opportunity to become a permanent resident whenever they marry a U.S. permanent resident or citizen. This is done through Green Card marriage. If a foreigner is married to a U.S. citizen and has obtained a Green Card, they can also apply to become a U.S. citizen after a certain period of time. This is referred to as a citizenship marriage.
A citizenship marriage makes a U.S. permanent resident (who once was a foreigner) eligible to become a U.S. citizen. This is called the process of citizenship through naturalization.
The success of a citizenship application will depend on your effort and eligibility. There are various steps that need to be completed and can be different forms and processes along the way. Don’t give up at the first sign of obstacles if you choose to apply. Becoming a citizen is a great privilege and will come with some effort.
To help you prepare and know what to expect, we take a look at the basic steps of the process below.
General Eligibility for Citizenship Marriage
The process of applying for any type of residency in the U.S. has some eligibility criteria involved. Here are the basics of what criteria you need to fulfill to file for your application of citizenship to be considered.
Citizenship marriage eligibility criteria:
- The applicant must be 18 years of age or older
- Permanent residency in the U.S. for (at least) the preceding 3 years leading up to the application date
- A marital union with the U.S. citizen spouse (acting as the petitioner in the application) for at least 3 years before the date of the application
- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
- Continuous residence in the U.S. as a lawful permanent resident for the preceding 3 years of the application date
- Reside continuously in the U.S. from application date until citizenship is granted
- Spent 18 months of the preceding 3 years before the application date being physically present in the U.S.
- Be able to read and write English to pass the civics test which requires a good knowledge of U.S. history and government
- Good moral character in alignment with the Constitution of the United States, and a supportive attitude towards the United States during all relevant periods under the law.
If you are not yet a permanent resident, you’ll first have to file a petition for a green card marriage and fulfill the 3-year period of residency. After that, you can consider filing for a citizenship marriage.
Citizenship Marriage Application Process
If you fulfill the eligibility criteria as mentioned above, you are by definition eligible to apply for citizenship based on your marriage.
Here are the basic steps to becoming a U.S. citizen through naturalization (citizenship marriage). We want to stress the fact that this is just a basic guideline. It is always a good idea to seek professional help from an immigration attorney to increase your chances of success.
File Form N-400
Form N-400 lists various reasons for filing for citizenship (or naturalization) including a bona fide marriage to a U.S. citizen. Complete and file the form according to the instructions of the USCIS (United States Citizenship and Immigration Services) shown on their website. The USCIS resources will also inform you about the documents and photographs they require in your application. Here are the basics.
Documents needed to file a Form N-400:
- Copy of your Permanent Resident Card
- Copy of your marriage certificate
- Evidence of a bona fide marriage to your spouse, like a marriage photo album and other supportive evidence
- Two passport style photos.
Pay the Filing Fees
The basic filing fee for citizenship marriage is $640. There is also an $85 fee for the processing of biometric information necessary to complete your application. You don’t have to pay the biometric fee if you are over the age of 75. You can find information on how to how to pay your fees here.
Once your application has been processed, the USCIS will inform you about the interviews and test you need to pass for your application to succeed. In most cases, you will be required to write and pass a civics test.
Receive Your Citizenship
The success of your application will grant you U.S. citizenship. The process of your naturalization will depend on your unique situation.
When You Can Apply for Citizenship Marriage
You need to apply at the USCIS office that has jurisdiction over the state or area you live in. The processing periods of these applications may take a while. You can submit your completed Form N-400 90 days before your conditional permanent residency expires. There is no upper limit to the time you spend in the U.S. on a green card that makes you eligible or prevents you from being eligible for citizenship.
Inadmissibility and Citizenship Marriage
Even though some applicants may fulfill the natural eligibility criteria, there are certain factors that would make their applications inadmissible. Issues such as a criminal record or history of misdemeanors may cause the USCIS to view your application as inadmissible. Neither a Green Card or citizenship will be granted if this is the case.
Spouses of U.S. Citizens Employed Abroad
If your spouse who seeks citizenship is employed abroad, they can in certain circumstances have some of the eligibility requirements waived to accommodate them. Applicants employed by the U.S. government or military and other qualifying employers must be scheduled to be stationed abroad for at least a year. The following eligibility criteria will then be required from them.
Spouses living abroad:
- No specific period is required wherein the applicant must be a permanent resident, but the applicant must be a permanent resident of the U.S.
- No specific period of continuous residence or physical presence in the U.S. is required
- No specific period of marriage is required, but the spouses must be in a valid marriage at the date of application and until the date of naturalization.
A bona fide marriage with a U.S. citizen that fulfills the required eligibility criteria will make you eligible for a citizenship marriage. This will have many benefits for you in the long run and get rid of all the admin of renewing permits and visas. Don’t miss the chance to become a U.S. citizen. File your application for naturalization today!