When Can I File For Citizenship Through Marriage?

Canadian citizens can apply for citizenship through spouse sponsorship, but they must be physically present in Canada for at least 1,095 days during the 5 years prior to applying. No specific period of continuous residence or physical presence in the United States is required, but a minimum of five years of marital union is required.

For U.S. citizenship through marriage, applicants must be 18 or older at the time of application and must file Form N-400, Application for Naturalization, 90 calendar days before completing their continuous residence requirement. As of January 4, 2023, applicants can choose either an electronic citizenship certificate (e-certificate) or a paper certificate.

For Canadian citizenship, foreigners must have been married to a Turkish citizen for at least 3 years and continue to be married. The naturalization process allows for the eventual citizenship of foreign nationals in the Philippines. For a 13(a) non-quota immigrant visa by marriage, foreigners who are in two identical passport-style color photos with their name and A-number written lightly on the back in pencil, evidence that their spouse is a US citizen, such as their birth certificate, certificate of naturalization, or a Commonwealth Citizen who has resided legitimately in Jamaica for at least five consecutive years and is of good character, may make an application for registration as a Jamaican citizen.

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.

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.

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 after you file I-130 for spouse?

We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Certain relatives must wait until a visa number is available before they can apply for either a Form I-485 (to adjust their status if they are in the United States) or for a visa (if they are outside the United States). If your relative qualifies as an immediate relative, however, an immigrant visa is always available.

If your relative is already in the United States but is not eligible to get their Green Card by filing Form I-485, either because a visa is not immediately available or for another reason, they may apply for an immigrant visa with the U.S. Department of State at the U.S. embassy or consulate in their country. For more information on eligibility and process for applying for a Green Card, please visit our Green Card Eligibility Categories page.

Can my wife stay in the US 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.

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.

Can my spouse stay in the US while I-130 is processed?

Entry into the USA while immigrant petition is pending Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.

First and Foremost, to bring your spouse to live in the U.S. as a permanent resident (green card holder), you must either be a green card holder or a U.S. citizen. Furthermore, there are certain other requirements depending on your currentstatus.

Your are a United States citizen and your spouse Is lawfully In the UnitedStates. You must not have committed one of the crimes addressed by the Adam Walsh Act, which include crimes of spousal violence and child abuse. You will need to file an USCISs I-130 form (Petition for Alien Relative) and an I-485 form (Application to Register Permanent Resident or Adjust Status). Please note, there are ancillary forms including I-765 a request for Employment Authorization Document and I-131 — request for issuance of a travel document. There is also the Form I-130A, which needs to be filled out. Filling out the form requires disclosure of biographical, family and employment information of both spouses. To avoid errors, which sometimes may lead to serious problems, take these forms seriously and follow the instructions on each form to the letter. Peruse the instructions before getting to filling out any of theseforms.

If you are a United States citizen and your spouse isoverseas. You must file an I-130 form (Petition for Alien Relative) along with two passport-time pictures of the spouse and filled-out Form I-130A for the spouse. Once the I-130 form is approved, the case will be transferred to the National Visa Center for further processing. It is at that center where all the information is collected for the upcoming interview as well as the requisite immigrant via fees. Once the processing is completed the case will be sent to the consulate office at the place of your spouses residence. The NVC will notify you and provide further processing information as to the interviews day and place. You should follow the instructions from the NVC carefully. Your delay in doing so would inevitably prolong the processing of thecase.

Do I have to wait 5 years to apply for US citizenship?

Determine your eligibility to become a U.S. citizen. In general, you may qualify for naturalization if you are at least 18 years old and have been a permanent resident for at least 5 years (or 3 years if you are married to a U.S. citizen) and meet all other eligibility requirements.

How early can I apply for citizenship?

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a:

• Permanent resident for at least 5 years
• or
• Permanent resident for at least 3 years if you are married to a US citizen.

Please see our USCIS Early Filing Calculator page for additional information.

You can find the filing fee for Form N-400 by visiting our Fee Schedule page.

What is the fastest spouse visa in the USA?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

For a rundown of the steps involved in each, see Steps to Applying for a K-1 Fiancé Visa and Applying for a Marriage-Based Immigrant Visa: Overview.

Processing times for K-1 visas have slowed significantly in recent years. The average processing time just to get the first step done, namely USCIS approval of the Form I-129F Petition for Alien Fiancé(e), was between 6 and 15 months in early 2024, depending on which Service Center was handling the petition.