How to Obtain Citizenship by Marriage: A Step-by-Step Guide

How to Obtain Citizenship by Marriage: A Step-by-Step Guide

Obtaining citizenship through marriage can seem like a daunting task, but with the right knowledge and understanding, the process becomes more manageable. Whether you're married to a U.S. citizen or planning to tie the knot, understanding how to navigate the naturalization process can bring you closer to your American dream. Let’s break it down into simple steps that will guide you through this process.

What Is Citizenship by Marriage?

Marriage to a U.S. citizen allows you to apply for naturalization faster than other applicants, but it doesn’t automatically make you a citizen. You still need to meet specific legal requirements and follow the process outlined by U.S. Citizenship and Immigration Services (USCIS).

Eligibility Requirements for Citizenship by Marriage

Before starting your application, it’s essential to confirm that you meet the basic eligibility requirements for naturalization through marriage. Here are the key criteria:

1. Valid Marriage to a U.S. Citizen – You must be legally married to a U.S. citizen.

2. Green Card Holder – You should have been a lawful permanent resident (Green Card holder) for at least three years.

3. Living with Your Spouse – You must have lived with your spouse for the entire three years before applying.

4. Good Moral Character – USCIS will evaluate whether you have demonstrated good moral character.

5. English Proficiency – Basic proficiency in English is necessary to pass the naturalization interview.

6. Civic Knowledge – You must have knowledge of U.S. history and government.

Step 1: File Form N-400, Application for Naturalization

The process begins with filing Form N-400, which is the Application for Naturalization. This form is available on the USCIS website, and you'll need to provide personal details, including your marriage history, Green Card information, and any criminal history. Be honest and accurate when filling out the form.

Step 2: Prepare the Required Documents

You’ll need to gather several key documents to support your application. These include:

• Proof of your spouse’s U.S. citizenship (e.g., a birth certificate, passport, or naturalization certificate).

• Your marriage certificate to prove your legal relationship.

• Evidence that you and your spouse have lived together for the required time (such as joint lease agreements or utility bills).

• Copies of your Green Card (front and back).

Providing all the necessary documents upfront can prevent delays in the processing of your application.

Step 3: Pay the Application Fee

As of 2024, the USCIS charges a filing fee of $725, which includes both the application fee and the biometrics fee. Fee waivers are available for those who qualify, but most applicants should be prepared to pay the full amount.

Step 4: Biometrics Appointment

After submitting your application, you will receive a notice for your biometrics appointment. At this appointment, USCIS will take your fingerprints, photo, and signature. These will be used for a background check to ensure you meet the security standards for U.S. citizenship.

Step 5: Attend the Naturalization Interview

Once your background check is complete, USCIS will schedule a naturalization interview. During this interview, a USCIS officer will ask you questions about your application, your marriage, and your knowledge of U.S. history and government. The officer may ask questions to confirm the validity of your marriage, so be prepared to explain your relationship timeline.

Step 6: Take the Civics and English Tests

During your interview, you will also take two tests: the English test and the civics test. The English test will assess your ability to read, write, and speak basic English, while the civics test will check your knowledge of U.S. history and government.

• English Test: You will be asked to read one out of three sentences and write one out of three sentences correctly.

• Civics Test: You need to answer 6 out of 10 questions correctly to pass.

There are plenty of study materials available on the USCIS website to help you prepare for these tests.

Step 7: Receive the Decision

After your interview, USCIS will either approve, deny, or continue your case. If your case is continued, it may mean that more evidence is needed, or you need to retake the civics or English test.

If approved, you will receive a notice for your Oath of Allegiance ceremony.

Step 8: Attend the Oath of Allegiance Ceremony

This is the final step! Once approved, you will attend a ceremony where you take the Oath of Allegiance to the United States. This ceremony marks your official status as a U.S. citizen. After the oath, you will receive your Certificate of Naturalization, which is proof of your U.S. citizenship.

Common Challenges in the Citizenship by Marriage Process

While the process can be straightforward for many, there are some common obstacles that applicants may encounter:

• Proving Good Faith Marriage: USCIS takes marriage fraud seriously, so you may be asked to provide detailed evidence that your marriage is genuine. This can include photographs, shared financial records, or affidavits from family and friends.

• Criminal Records: If you have a criminal history, especially related to domestic violence or fraud, it could negatively impact your chances of approval.

• Failure to Meet Residency Requirements: Ensure that you meet the three-year residency requirement with your spouse before applying.

How Long Does the Process Take?

The time it takes to obtain citizenship by marriage varies depending on several factors, including your location and the complexity of your case. On average, the process takes 12 to 18 months from filing the application to attending the Oath of Allegiance ceremony.

Can You Apply if You’re Divorced?

If you divorce before filing for naturalization, you will no longer qualify for the three-year residency rule and will need to wait five years from the date of receiving your Green Card to apply for citizenship. However, if you divorce after filing, your case may still proceed if you meet the other requirements.

Why Choose Citizenship by Marriage?

For many, applying for citizenship through marriage offers a faster path to becoming a U.S. citizen compared to other options. It also provides opportunities to fully integrate into American society, including the right to vote, apply for federal jobs, and sponsor family members for immigration.

If you're ready to start your journey toward U.S. citizenship by marriage, ensure that you understand the full process and seek legal advice if necessary. Proper preparation will make the path smoother and bring you closer to the dream of becoming an American citizen.

Resources:

• Fibi Law Firm - Immigration law services.

• USCIS Citizenship by Marriage - Official USCIS website for naturalization through marriage.