Are you hoping marrying an American citizen will speed you down the path to your own U.S. citizenship? While marriage to a U.S. citizen can open up several pathways to legal permanent residency and, eventually, citizenship, the process isn’t fast. Even after your wedding, you will still have to follow the legal requirements and procedures, which can be time-consuming.
If you have questions about marriage-based immigration, this guide will answer them.
What Benefits Do You Get if You Marry a U.S. Citizen?
Even if marriage to a U.S. citizen won’t result in fast citizenship, it still has benefits. Just don’t expect those benefits to kick in right away.
Perhaps the biggest benefit of marrying a U.S. citizen is being eligible for immediate relative status. With this status, you won’t be subjected to annual visa number limitations that would affect you if you were in another immigration category. This means faster processing time when compared to other family-based immigration paths.
As the spouse of a U.S. citizen, you may be eligible for:
- Immediate consideration for permanent residency (green card)
- Work authorization while your green card application is pending
- Travel authorization during the application process
- Ability to include your unmarried children under 21 in your application
- A shorter waiting period to apply for citizenship (three years instead of five)
The First Steps You’ll Need to Take After Marriage to a U.S. Citizen
So you’ve married a U.S. citizen – what do you need to do next? The first step after the wedding will be to make sure your marriage is legal and valid. This means you’ll need your marriage license and proof that any previous marriages were legally terminated through divorce or annulment.
You’ll also need to prove that your marriage is legitimate and was not entered into solely for immigration benefits – USCIS thoroughly investigates marriages to prevent immigration fraud. If you try to trick them, they will see through it, and that won’t end well for you.
Applying for Permanent Residency
When you’re ready to apply for permanent residency, you’ll need to submit two important forms: Form I-130 and Form I-485. During this process, you’ll need to provide extensive documentation proving:
- The legitimacy of your marriage
- Your identity and nationality
- Your spouse’s U.S. citizenship
- Financial stability (through Form I-864, Affidavit of Support)
- Your admissibility to the United States
If you’re already living legally in the United States, you can save time by submitting both forms together. This combined filing is called “adjustment of status” and lets you stay in the U.S. while your application is being processed. Think of it like updating your immigration status from “temporary visitor” to “permanent resident” without having to leave the country.
The Interview Process
A crucial part of obtaining marriage-based permanent residency is the interview with USCIS. You and your spouse must go together to an interview with an immigration officer. During this meeting, the officer wants to make sure your marriage is real and not just for getting a green card. They’ll ask questions about how you met, what your daily life is like as a couple, and other details about your relationship.
Conditional vs. Permanent Green Cards
If your marriage is less than two years old when you receive your green card, you’ll be issued a conditional green card valid for two years. Ninety days before this card expires, you must file Form I-751 (Petition to Remove Conditions on Residence) to convert your status to permanent. This additional step helps prevent marriage fraud by ensuring couples remain in genuine relationships.
The Path to Citizenship for Immigrant Spouses of U.S. Citizens
Marrying a U.S. citizen can help you become a citizen faster than other paths to citizenship. Most people have to wait five years after getting their green card before they can apply for citizenship. However, marrying a U.S. citizen can speed up the process. Once you’re married to an American citizen, you’ll only have to wait three years to apply. However, you must stay married to your U.S. citizen spouse and live together during these three years.
If you get divorced or even live separately before you become a citizen, you’ll have to wait the full five years to apply like everyone else. Think of it as a “fast track” option that rewards couples who stay committed to their marriage.
Maintaining Status During the Process
Don’t forget to maintain your legal status in the U.S. while you’re in the process. If you entered legally, you may be eligible to apply for work authorization (Form I-765) and advance parole for travel (Form I-131) while your green card application is processing.
Common Challenges and Considerations When Marrying a U.S. Citizen
Thinking of immigrating to the United States through marriage? Get ready to navigate several potential challenges. These could include:
- Proving marriage legitimacy: USCIS carefully scrutinizes marriages to prevent fraud. You’ll need substantial evidence of your shared life, such as joint bank accounts, shared lease or mortgage, photos together, and correspondence.
- Financial requirements: The U.S. citizen spouse must demonstrate the ability to financially support their immigrant spouse at 125% above the federal poverty level by submitting an Affidavit of Support.
- Previous immigration violations: Prior immigration violations, including unauthorized stays or work, can complicate the process and may require legal assistance to resolve.
Marrying a U.S. Citizen FAQs
How Long Does it Take to Become a Citizen if You Marry a Citizen?
Marrying a citizen of the United States is not the fast path to citizenship you may hope it will be. If you marry a U.S. citizen, it typically takes three years from the date you receive your green card until you can become a citizen. The total timeline can take as many as four or five years once you take all of the required steps into account.
After marrying a U.S. citizen, you must first apply for and receive permanent residency (green card), which usually takes 12-18 months. Once you receive your green card, you must wait three years while maintaining continuous residence with your spouse before applying for citizenship through naturalization.
The naturalization process itself typically takes 6-12 months, during which you’ll need to pass English and civics tests, complete an interview, and attend a citizenship ceremony. In some cases, you may be able to skip the English test.
Can I Stay in the U.S. After Marrying a U.S. Citizen?
Marriage to a U.S. citizen doesn’t automatically grant you the right to stay in the United States, but it does provide a legal pathway to remain in the country if proper procedures are followed. If you’re already in the U.S. legally (such as on a valid visa), you can typically apply for adjustment of status to become a permanent resident while remaining in the country.
During this process, you can also apply for work authorization and travel permission while your green card application is pending. However, if you entered the U.S. illegally or have stayed beyond your authorized period of stay, the situation becomes more complex and may require you to leave the country and apply for a waiver before being allowed to return, even if married to a U.S. citizen.
Are You Automatically a U.S. Citizen If You Marry an American?
Marrying a U.S. citizen does not automatically grant you citizenship or even permanent residency status. This is one of the most common misconceptions about marriage-based immigration. While marriage to an American citizen does provide a pathway to citizenship, it’s a multi-step process that requires time, proper documentation, and adherence to specific legal procedures.
Marriage to a U.S. citizen provides a preferential path to permanent residency and citizenship, but it’s not an automatic or immediate process. Success requires understanding and following proper procedures, maintaining extensive documentation, and meeting all eligibility requirements. With proper preparation and patience, couples can navigate this complex process successfully and achieve their immigration goals.
Remember that immigration laws and procedures can change, so it’s important to verify current requirements and consider seeking professional guidance when needed. The journey from marriage to citizenship requires commitment, but the benefits of building a life together in the United States make it worthwhile for many couples.
