Marriage is one of the fastest ways towards gaining permanent citizenship in the United States. Gaining citizenship through marriage could be the quickest and most simple way to become a U.S citizen.
What Are The First Steps Towards Gaining Citizenship Through Marriage?
To apply for U.S. citizenship, an individual must first obtain a Green Card. There are two cases in which an individual can be qualified to obtain an immigrant visa and a Green Card:
- Green Card based on marriage to a U.S. citizen
- Green Card based on marriage to a U.S. lawful permanent resident
File a Petition for An Alien Relative
Next, the individual’s spouse, that is either a U.S. citizen or a lawful permanent resident in the U.S., must file form I-130 for them. Form I-130 is a petition for alien relatives that allow foreign family members to establish a permanent residence in the United States. Filing an I-130 is usually a lengthy process for all applicants filing under any category. There are no shortcuts around this process.
Marrying a Green Card Holder vs. Marrying a US Citizen
Individuals who apply for Green Cards under a U.S. citizen will be eligible for an immigrant visa, and consequently, a Green Card. The spouse of the individual must file form I-130 under an “Immediate Relative” category. This is the fastest and easiest available option to obtain a Green Card because there are no limited visas issued under this category each year.
After the USCIS has approved the I-130 petition, the individual will gain a permanent residence status in the U.S. However, there is one dilemma for applicants in this case. The individual will initially hold a “conditional” permanent resident status if the marriage is less than 2 years old at the time the petition is approved. Green Cards that are of conditional permanent resident status will have an expiration date of 2 years.
Is It Possible To Get a Green Card From Another Green Card Holder?
Unlike the former, individuals that are eligible under this case must file for an immigrant visa under the “Family Second Preference” category. It is important to note that under this category, there is a limited quota for the number of immigrant visas and Green Cards that can be issued each year. Generally, applicants will receive a visa number that is used to obtain a green card in the same year their U.S. spouse files the I-130 petition. However, applicants applying under this category are usually waitlisted up to 5 years until they receive their priority date (the date that USCIS receives the I-130 petition). Additionally, the duration of the waitlist is dependent on the applicant’s nationality because there is a per-country limit that applies to applicants for this category. For instance, the highest demand tends to be from India, China, and the Philippines.
There is one upside to this lengthy process. Unlike the people who are married to U.S. citizens, Green Cards based on marriage to a permanent resident will likely gain a permanent residence status once it has been approved. Then, individuals may proceed to the next step of applying for U.S. citizenship as soon as they are eligible.
What Are The Steps After Obtaining a Green Card?
After an individual has obtained a Green Card, they are allowed to permanently live and work anywhere in the U.S. However, holding a permanent resident status does not automatically grant them U.S. citizenship. Why does this matter? Married individuals intend to permanently relocate and live with their spouses in the United States. Unfortunately, a permanent resident status does not protect an individual’s rights to the extent that citizenship does. Individuals have responsibilities to maintain their status. In fact, a permanent resident status can even be revoked or lost through certain actions. Green Card holders who are seeking to obtain U.S. citizenship should proceed to the process of naturalization.
What Is The Process of Naturalization?
Naturalization is a process that allows a non-U.S. citizen to voluntarily become an American citizen. Individuals should look at the 10 steps provided by the USCIS to better understand the process of obtaining U.S. citizenship.
- Determine if you are already a U.S. citizen
- Determine your eligibility to apply for a U.S. citizenship
- Prepare your Application for Naturalization (Form N-400)
- Submit your application along with applicable fees
- Go to your biometrics appointment
- Complete the interview
- Receive a decision from USCIS on your application
- Receive a notice to take the Oath of Allegiance
- Take the Oath of Allegiance to the United States
- Understand the rights and responsibilities of U.S. citizenship
What Are The Eligibility Requirements For Naturalization?
Under section 319(a) of the Immigration and Nationality Act, individuals will be eligible for naturalization if they meet the following requirements:
- Individuals must be at least 18 when they submit an Application for Naturalization (Form N-400)
- The individual must be a lawfully admitted permanent resident of the United States
- The individual must be living in a marital union with their U.S. citizen spouse during the three years and immediately before the date that they file the application
- Individuals must have lived for at least three months in a state or USCIS district having jurisdiction over their place of residence
The individual must have continuous residence in the U.S. as a lawful permanent resident for at least 3 years before filing the application - The individual must reside continuously within the U.S. in between the application process until the date they are naturalized
- The individual must be physically present in the U.S. for at least 18 months out of the three years immediately before the date they file for their application
- Individuals must be able to pass the English and Civic requirements for the naturalization test
- The individuals must demonstrate good moral character (not affiliated with any acts of violent crimes, or criminal convictions) for at least three years before the date of filing the application until they take the Oath of Allegiance
What Are The Benefits of U.S. Citizenship?
After individuals have obtained U.S. citizenship through marriage or naturalization, they will receive several benefits such as;
- The ability to live and work permanently in the U.S.
- No risk of being deported back to the country of the former citizenship
- Obtain federal benefits that are only available to U.S. Citizens
- Be able to vote in any U.S. election
- Have the right to pass on automatic U.S. citizenship to their children
- Be able to travel with U.S. passport benefits
Contact Pride Legal
If you or a loved one has been looking to gain U.S. citizenship through marriage, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.