How to Become a Citizen After Marrying a U.S. Citizen?

If you’ve recently married a U.S. Citizen, you may think you can automatically apply for citizenship. While it’s true that you may qualify for a Green Card, you can’t immediately apply for U.S. citizenship.

You may be shocked to find that there are several steps you must take before obtaining a Green Card,  and eventually becoming a citizen of the United States. Keep reading to learn more about becoming a U.S. Citizen after your wedding day.

The Application Process

After marrying your U.S. Citizen partner, your partner can file a Petition for Alien Relative on your behalf. The Petition for Alien Relative is essentially a petition in which your spouse informs immigration that they are a U.S. citizen,  that the two of you are lawfully married in a bona fide relationship, and that your spouse wishes for you to be able to gain residency in the U.S.

Although your U.S. Citizen spouse can file the petition on your behalf immediately after the marriage,  the petition will not necessarily entitle you to Legal Permanent Resident status in the United States.

Suppose you entered the United States under a valid visa or through the Visa Waiver Program (ESTA). In that case,  you might be eligible to file for Adjustment of Status at the same time that your spouse is filing the petition on your behalf. Suppose you are outside of the United States or otherwise intend to apply outside of the United States. In that case, you can ask for the petition to be forwarded to your local U.S. Consulate overseas through the National Visa Center. After completing your application, you will be scheduled for an interview abroad. You would enter the United States as a Legal Permanent Resident if approved.

If you’re living in the U.S. after illegal entry,  you may or may not be eligible to apply for Adjustment of Status within the United States.  In some instances,  someone who entered the United States illegally may require a waiver of inadmissibility to gain Legal Permanent Resident Status and may be compelled to depart the country for their application to be processed by the U.S. Consulate in their home country.  Leaving the United States for an interview overseas has several risks. Returning to the United States can be challenging and lengthy if you are declared inadmissible abroad.

Suppose you apply for Legal Permanent Resident status, and your application is approved before you have been married to your United States Citizen spouse for two years.  In that case,  you will be awarded status as a “Conditional Resident,” which means you will have a Legal Permanent Resident card valid for two years.  Within 90 days before your Legal Permanent Resident Card expires,  you must file a new application with immigration to “remove the conditions” on your residency.  This application is essential to show immigration that your marriage was genuine and that you did not marry for immigration purposes.

As far as applying for United States Citizenship, if you become a Legal Permanent Resident through marriage to a United States Citizen,  you may be able to qualify for U.S. Citizenship yourself after you have been a Legal Permanent Resident and residing with your U.S. Citizen spouse for at least three years.

We highly recommend seeking an immigration lawyer’s advice before filing any immigration application. Immigration is a highly complex area of law,  and even the most straightforward cases can become complicated for those that don’t have experience working with USCIS and the Department of State.

No one should ever leave the United States,  for purposes of attending a consular appointment abroad without first consulting with an experienced immigration attorney to evaluate any possible risks involved in their case.

James Immigration Law is a boutique law firm specializing in U.S. immigration law. If you, or a loved one,  has recently married a U.S. citizen and are interested in applying for U.S. citizenship.

Contact us today to discuss your unique case and how we can achieve the best possible outcome.