Obtaining US Citizenship After Marriage Green Card
- By Fileright
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If you’re married to a US citizen or a green card holder in the United States, you become eligible for a green card as well. For the initial period, if your marriage has not completed two years, you are given a Conditional resident visa (CR-1), and if you have completed two years, you are given an Immediate relative visa (IR-1), which is valid for 10 years and is open for renewal.
However, it is quite common for individuals on IR-1 visas to apply for naturalization during the 10-year period of their visas.
A marriage-based green card puts you on a fast track to naturalization, allowing you to apply for US citizenship after just three years of permanent residency, compared to the five-year waiting period for most other green card holders.
Can you get Citizenship early if you are a Green Card Holder through marriage?
US immigration law allows spouses of US citizens to apply for naturalization soon after three years of holding a green card, subject to certain conditions, one of which is that they must live together with their spouse for that entire period.
This gives an advantage to marriage green card holders who can apply for US citizenship only after three years and not wait for five years, which is generally the requirement for other green card holders to apply for naturalization.
This three-year period applies regardless of whether the visa is a CR1 or IR1.
What are the Benefits of US Citizenship?
Here are some of the primary benefits:
- Right to Vote: When you become a US citizen, like the natural citizens, you also have the right to participate fully in the democratic process of the country by voting in elections.
- Unrestricted Travel: one of the major concerns for green card holders is that they can live and work in the US indefinitely, but they may face restrictions when traveling outside the country for extended periods. However, as a US citizen, you can enjoy the freedom to travel internationally without concerns about re-entry restrictions or maintaining residency.
- Protection Against Deportation: Unlike green card holders, US citizens cannot be deported anywhere once they become US citizens, and even if they commit most crimes, violate immigration laws, or fail to maintain their permanent residency status, they cannot be deported.
- Ability to Sponsor Family Members: US citizens have more extensive rights to sponsor family members for immigration to the US than green card holders.
- Access to Federal Jobs and Benefits: Certain federal jobs and benefits are only available to US citizens. Further, citizens have access to federal benefits such as Social Security, Medicare, and other social programs limited to non-citizens.
What are the eligibility criteria for getting US citizenship with a marriage-based green card?
If you currently hold a marriage-based green card and aspire to become a US citizen, then the following are the qualifications and requirements for naturalization:
Duration of Permanent Residence
The first eligibility requirement is that you must be a lawful permanent resident (green card holder) for a specified period in the US and that you both live as a couple for three years.
Physical Presence Requirement
During the qualifying period, you must demonstrate physical presence in the US for at least 18 months (or one-and-a-half years) out of the 3 before applying for citizenship. Extended trips outside the US could negatively affect your eligibility.
Good Moral Character
The applicants must prove that they have been of good moral character, while they stay in the country as a green card, which is typically demonstrated by obeying US laws, paying taxes, and avoiding significant criminal offenses.
English Language Proficiency
You will have to demonstrate your proficiency in the English language, which includes the ability to read, write, speak, and understand basic English.
Knowledge of US Civics and History
When you apply to become a US citizen as a part of the naturalization process, you will be required to take a civics test, which assesses your knowledge of US history, government, and the Constitution. USCIS provides study materials to help you prepare for this test, and you will be asked questions during your naturalization interview.
The Naturalization Process for Marriage Green Card Holders
Once you meet the eligibility requirements for citizenship, the naturalization process itself involves several steps overseen by USCIS. Below is a step-by-step outline of the process:
Step 1: Ensure that you meet the eligibility criteria for naturalization mentioned above and other requirements relevant to your particular circumstance.
Step 2: The naturalization process begins by filing Form N-400, Application for Naturalization, with USCIS. Along with the form, you must submit the supporting documents, including:
- A copy of your green card.
- Your marriage certificate
- Evidence of your physical presence and residency in the US
- Any other documents requested by USCIS.
Step 3: After submitting your application, USCIS will schedule a biometrics appointment, where your fingerprints, photograph, and signature will be collected. These are used for identity verification and background checks.
Step 4: You will attend an interview, wherein a USCIS officer will review your N-400 application and ask you questions about your background, marriage, residency, and eligibility for citizenship.
Step 5: As part of the naturalization interview, you must demonstrate proficiency in the English language and knowledge of US civics and history.
Step 6: If your application is approved, USCIS will schedule you for an Oath of Allegiance ceremony, which is the final step in becoming a US citizen.
Step 7: You will receive your Certificate of Naturalization, which serves as proof of your US citizenship. It’s important to keep this document safe, as it is your official citizenship record.
What are the processing fees for citizenship via marriage?
The naturalization fee for a U.S. citizenship application is $760. However, if you are not able to pay the required fees, you can apply for a fee waiver.
The fees can be paid online if you are making an online payment. However, if the mode of application is via mail, then you can pay via
(a)Money order
(b)Personal check
(c)Cashier’s check
(d)Credit card.
Can I Lose My Citizenship if I Get Divorced?
No, once you become a naturalized US citizen, your citizenship is permanent and cannot be revoked solely due to divorce. US citizenship is not contingent upon your marital status after naturalization. But if you are applying based on marriage at the time of naturalization, then that could affect your process of becoming a citizen from a green card holder. But once you become a citizen, there is no going back.
Conclusion
Becoming a US citizen through marriage offers numerous legal and social benefits. By understanding the eligibility requirements and following the naturalization process, you can smoothly transition from a green card holder to a U.S. citizen.
At FileRight, we’re here to make your journey to U.S. citizenship seamless. Whether you’re just starting or ready to submit, we’ll handle every detail—no obstacles, no stress, just a smooth path forward. Ready to take the next step? Let’s get started!
