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Becoming a U.S. citizen through marriage involves a multi-step process governed by specific rules and requirements. Here’s a detailed overview of this pathway:
1. Marriage to a U.S. Citizen:
The first prerequisite is that the applicant must be married to a U.S. citizen. The marriage must be legally valid and recognized both in the U.S. and the country where it took place. The couple should be able to provide evidence of the authenticity and validity of the marriage.
2. Permanent Residency (Green Card):
Before applying for U.S. citizenship, the applicant must become a lawful permanent resident (LPR). To achieve this, the U.S. citizen spouse must file Form I-130, Petition for Alien Relative, to establish the legitimacy of the relationship. Once approved, the applicant will either adjust status if they are already in the U.S. or apply for an immigrant visa if they are abroad. After entering the U.S. with the immigrant visa, the applicant will receive a green card.
3. Conditional Residency:
If the marriage is less than two years old when the green card is issued, the applicant will initially receive conditional residency status. To remove these conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the card’s expiration. Successful removal of conditions will grant the applicant permanent residency status without conditions.
4. Residency Requirements for Citizenship:
After obtaining a green card (and removing conditions if applicable), the applicant must meet residency requirements to apply for citizenship. Generally, the applicant must be a permanent resident for at least three years if married to a U.S. citizen. During this period, they must have lived in the U.S. for at least half of the time and must not have been absent for more than six months at a stretch.
5. Application for Citizenship:
The applicant must file Form N-400, Application for Naturalization. This form requires details about personal history, residence, and background. Applicants will also need to submit biometric information and attend an interview.
6. Citizenship Test and Interview:
During the interview, applicants will be tested on their knowledge of U.S. history, government, and their English language skills. They must also demonstrate good moral character, which includes abiding by U.S. laws and fulfilling tax obligations.
7. Oath of Allegiance:
If approved, the final step is to take the Oath of Allegiance at a naturalization ceremony. This act formally grants U.S. citizenship, allowing the new citizen to enjoy all rights and responsibilities, including voting and serving on a jury.
In summary, becoming a U.S. citizen through marriage involves a process of securing a green card, meeting residency requirements, and passing a naturalization test. For more information, please contact the Law Office of Gregory J Eck, LLC.