US Citizenship Through Marriage: Understanding the Process and Requirements
Marriage to a US citizen or a green card holder does not automatically grant you US citizenship. The path to citizenship through marriage involves several steps and requirements. Here’s what every foreign national needs to know.
Requirements for Marriage-Based Green Cards
When a US citizen marries a foreign national, the citizen can sponsor the marriage to get the foreign national a green card. A green card allows you to live and work in the US legally. However, it does not assure you of US citizenship. Here are the requirements:
Marriage must be genuine and valid in the country where it was performed. You must have a clean criminal record and no history of fraud or misrepresentation. You must be free to marry and can show independent means of support. You need to prove that you can speak and write English (unless you have a language or age exemption).Path to US Citizenship
After obtaining a green card through marriage, the road to citizenship involves the following steps:
Legal Permanent Resident Status
As a legal permanent resident, you can live and work in the US, but you do not have the right to vote or hold certain positions in government. You can only apply for citizenship after a certain period of time:
Three years if you obtained your green card through marriage to a US citizen. Five years if you obtained your green card through any other means.Application for Naturalization
Once you meet the residency requirement, you can apply for naturalization through the USCIS website:
Fill out Form N-400: the Application for Naturalization. Pay the Application Fee: which covers the processing of your application. Documentation: gather and submit all required documentation, such as birth certificates, passport, and photo packages.Passing this form is just the beginning. You will also need to:
Civics and English Proficiency Tests
Civics Test: tests your knowledge of US history, government, and the principles of democracy. The test has 10 questions, and you need to answer 6 correctly.
English Proficiency Test: assesses your reading, writing, and speaking skills in English. You must demonstrate basic proficiency that allows you to communicate effectively in daily situations.
Both tests are vital for the final step:
Oath of Allegiance Ceremony
Attending the Oath of Allegiance ceremony is the final step in the naturalization process. Here, you will:
Take an oath of allegiance to the United States. Surrender your green card. Receive a Certificate of Naturalization.Only after these steps can you be considered a US citizen. Remember, marriage alone does not guarantee citizenship. You need to meet all the requirements, complete all forms, and pass both the civics and English tests.
Visits from Immigration
Even if you get a green card through marriage, the US government may perform additional checks to ensure the marriage is genuine. It is not uncommon for the government to request additional documentation or visit your home to verify the authenticity of your relationship.
Green Card vs. Citizenship
Green Card: A green card allows you to live and work in the US legally but does not guarantee citizenship. It is a step towards becoming a citizen.
Citizenship: US citizenship comes with the right to vote, the ability to run for public office (except the presidency), and permanent protection from deportation.
Once you become a US citizen, you can apply for a US passport, which allows you to travel internationally without a visa.
Indian Citizens and Dual Citizenship
Not all countries allow dual citizenship. While the US allows dual citizenship, India does not. Indian citizens who naturalize in another country may lose their Indian citizenship.
Key Points Recap
No one can become a US citizen automatically through marriage. You need to file for a green card and naturalization to obtain US citizenship. Visits from immigration may be part of the process, as the government checks the genuineness of the marriage. Green cards and citizenship are different, and being a green card holder does not automatically make you a US citizen.In conclusion, while marriage to a US citizen provides a pathway to US citizenship, it requires careful compliance with legal requirements and an understanding of the process involved.