The process of obtaining U.S. citizenship through marriage involves several steps, including being at least 18 when submitting Form N-400, being a lawfully admitted permanent resident of the United States for at least three years before filing Form N-400, and having been living in a marital union with a U.S. citizen spouse. Special rules in U.S. immigration law allow permanent residents applying for citizenship through marriage to submit the application after just three years.
To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting their application. If your name has changed after filing a naturalization application, you must promptly provide USCIS with the document(s) that legally changed your name.
Some countries that offer instant citizenship by marriage include Brazil, Canada, and Canada. Brazil has a good passport and allows dual citizenship, while Canada offers a residency-by-investment program for foreigners. Canadian citizens can apply for permanent residency, also known as a green card, through marriage.
The specific requirements and timeline for naturalization can vary based on factors such as the length of marriage, continuous residence in the United States, and meeting the necessary criteria outlined by the U.S. Citizenship and Immigration Services (USCIS).
As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. While USCIS is processing your application, you can apply for “advance parole,” which gives you the opportunity to apply for U.S. citizenship after five years.
📹 How Soon Can You Apply for Citizenship if Married to a U.S. Citizen?
Can you apply for Naturalization (Citizenship) faster if married to a U.S. Citizen? How much faster and when? What are the rules …
Does marrying an American guarantee citizenship?
Will someone become a U.S. citizen if I marry them? Marriage to a U.S. citizen does not automatically grant someone U.S. citizenship. However, marriage to a U.S. citizen can be a pathway to immigration benefits, such as obtaining a green card.
Marriage Fraud and Visa Fraud. U.S. authorities only recognize civil marriages for immigration purposes, in which a marriage certificate has been issued by recognized authorities at a local or national level.
USCIS will not recognize (even if valid in the place it was celebrated): polygamous relationships; underage marriages; civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration; proxy marriages where one person was not present during the ceremony; and relationships entered into for purely immigration reasons.
Remember that same-sex marriages are recognized by USCIS but must be documented by a marriage certificate from a country in which they are legal. This is because USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. LGBTQ couples can get additional immigration support in our detailed guide here.
Are you automatically a citizen if you marry an American?
Will someone become a U.S. citizen if I marry them? Marriage to a U.S. citizen does not automatically grant someone U.S. citizenship. However, marriage to a U.S. citizen can be a pathway to immigration benefits, such as obtaining a green card.
Marriage Fraud and Visa Fraud. U.S. authorities only recognize civil marriages for immigration purposes, in which a marriage certificate has been issued by recognized authorities at a local or national level.
USCIS will not recognize (even if valid in the place it was celebrated): polygamous relationships; underage marriages; civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration; proxy marriages where one person was not present during the ceremony; and relationships entered into for purely immigration reasons.
Remember that same-sex marriages are recognized by USCIS but must be documented by a marriage certificate from a country in which they are legal. This is because USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. LGBTQ couples can get additional immigration support in our detailed guide here.
Can my wife stay in the U.S. while waiting for a green card?
Adjustment versus Consular Processing. Very few people have a choice between adjustment of status and consular processing. However, some spouses of U.S. citizens that are present in the United States do have this choice. In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times. The trade off is that the couple may be separated. Each path has its own advantages and disadvantages. For a detailed breakdown read Adjustment of Status vs Consular Processing.
Grounds of Inadmissibility. Every green card applicant is checked for inadmissibility before entering the United States. If the applicant is already physically present in the U.S., he or she is still checked for inadmissibility before being admitted as a permanent resident. Individuals with a history of criminal or terrorist activities, drug abuse, infectious medical problems, or certain other characteristics will generally not be allowed to enter the U.S.
The following list summarizes some of the major classes of inadmissibility. In many cases, a waiver is available.
What is the 90-day rule in immigration?
What Is the 90-Day Rule?. According to 9 FAM 302.9, an alien who engages in conduct inconsistent with their nonimmigrant status within a 90-day period of entering the US may become inadmissible for the Green Card or even permanently barred from entering the US.
What does all this terminology mean? People who enter the US for the sole purpose of applying for the permanent residence could suffer the consequences of the 90-day rule.
Certain actions on behalf of an immigrant could trigger the 90-day rule. The most common ones include the following:
How long does it take for I-130 to get approved for spouse in 2024?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 10 to 14 months for immediate relatives and could take several years for family preference categories.
What Happens After Filing Form I-130, Petition for Alien Relative.
1. Receipt of Petition. Approximately 2 to 4 Weeks After Filing.
If you are helping a family member immigrate to the United States, youll file Form I-130, Petition for Alien Relative, to establish a qualifying relationship and reserve an immigrant visa (green card). If properly filed, U.S. Citizenship and Immigration Services (USCIS) will initially respond by mailing you a receipt notice that confirms receipt of your petition. Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 2 to 4 weeks after filing. If you did not properly file your Form I-130, USCIS will send a Notice of Action to reject the petition. A rejection will significantly delay your request and overall I-130 processing time. Thus, its important to prepare the immigrant visa petition package correctly and submit all required supporting documents. Learn how.
Does marrying an American guarantee a green card?
In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
I have heard that it may be difficult to travel after I have married an American. Is that true?. Yes. It may not seem logical, but you have to be very careful about travel if you marry an American or green card holder.
If you are in F, J, or tourist status, you are expected to have a home abroad and the intent to return there. When you apply for a visa stamp at a U.S. embassy or consulate, you have to prove ties to your home country. Marriage to a U.S. citizen makes proving these ties difficult, because the assumption is that you will want to immigrate to the United States. If you need a new visa stamp in order to return to the United States, the likelihood that your will visa will be denied is strong—even if you plan to continue as a full-time student.
What if I have a valid student visa still in my passport? Could I travel in that case?. As long as you have a valid visa stamp, will be continuing as a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even if you have married a U.S. citizen.
How do I change my status after marriage to a U.S. citizen?
If you are in the United States and are eligible for adjustment of status, you may file a Form I-485. Go to the Form I-485 instructions and the web page for your immigrant category for instructions on how to complete your application and properly file it with USCIS.
Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
If you are outside of the United States, you must obtain your visa abroad through consular processing.
U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.
How long for a green card after marriage?
9.3 months Marriage-based green card timeline The total processing time for a marriage-based green card averages 9.3 months, depending on whether youre married to a U.S. citizen or a U.S. green card holder (lawful permanent resident).
What is a marriage green card?. A marriage-based green card lets a U.S. citizen or green card holder’s spouse live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship after three years of marriage.
- Quick facts. As of January 2024, the processing time for a marriage green card is 9.3 months.
- The cost for applying for a marriage-based green cardis$3005for couples living in the U.S. and$1340when one or both spouses live outside the U.S.
- The first step in the marriage green card process is for the sponsoring spouse to file Form I-130 to establish the marriage is real.
- How to get a marriage green card
- Supporting documents for a marriage green card
- Marriage-based green card timeline
- Marriage-based green card cost
- The marriage green card process
- For green card applicants living in the United States
- For green card applicants living abroad
- Marriage green card denial rate
- What’s next?
- Marriage Green Card FAQs
- Boundless guides
- Marriage Green Card Information
- Boundless Reviews
How long does it take to change status after marriage?
The current processing times for adjustment of status after marriage are 10–23 months for the spouse of a U.S. citizen and 13.5–20.5 months for the spouse of a U.S. green card holder.
Boundless has put together a detailed guide about adjustment of status processing times for a marriage green card.
The time it takes to get a marriage green card from when your K-1 visa is approved is 10–23 months, but it could be longer depending on your situation. Currently, the timeline for K-1 Fiance Visa approvals is 12.2, which makes the overall timeline much longer than it was historically.
For AOS processing times for other visa types, this handy USCIS tool allows you to check estimated times by form type.
How long does it take to get citizenship after marriage in US?
You can apply for U.S. citizenship after 3 years if you are a permanent resident (Green Card holder) and have been married to and living with the same U.S. citizen spouse during that time. Otherwise, most Green Card holders must wait 5 years before applying for naturalization. Learn more.
You can apply for U.S. citizenship after completing probation, but it depends on the nature of your offense and when it occurred. The U.S. Citizenship and Immigration Services (USCIS) evaluates your moral character during the 5-year period (or 3-year period for those married to U.S. citizens) before your application. A criminal record could impact your eligibility. Learn more.
Yes, you can apply for U.S. citizenship after a divorce, but if your Green Card was obtained through marriage to a U.S. citizen, a divorce may change your eligibility timeline. If you were eligible to apply under the 3-year rule as a spouse of a U.S. citizen, you might now have to wait until you have been a permanent resident for 5 years. Learn more.
How long does it take for I-130 to get approved for spouse?
The filing fee for Form I-130 increased to $675 in 2024, and it currently takes about 12 months to be approved.
Note that filing and getting an I-130 approved doesnt give you an immigration status. It is just the first step in the process of applying for a green card. In this article, well outline the cost, approval time, and steps to follow after submitting Form I-130.
- Understanding I-130 processing times
- What is Form I-130 used for?
- Form I-130 cost
- Form I-130 eligibility
- Form I-130 required documents
- Alternative documents
- What happens after the I-130 is approved?
- I-130 Frequently Asked Questions
- Boundless guides
- Common Marriage Green Card Forms
- Boundless Reviews
Understanding I-130 processing times. The time it takes to get your I-130 petition approved in 2024 depends on two key factors:
What happens if you get married while on a tourist visa in the USA?
5. Can I work in the U.S. if I get married on a tourist visa?. If you get married on a tourist visa, you are not able to legally work in the U.S. Engaging in any form of employment without obtaining employment authorization is considered a violation of your visa terms.
📹 🔴 Green Card through Marriage to US Citizen Process Explained 2023 – 2024
Green Card through Marriage to US Citizen Process Explained 2023 – 2024 We are dedicated to providing you with the current …
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