American citizenship by marriage

American citizenship through marriage is a process by which a foreign national can obtain U.S. citizenship by marrying a US citizen. However, it’s important to note that marriage to a US citizen does not automatically grant citizenship. Instead, it provides a potential pathway to citizenship through a series of steps.

How to get citizenship by marriage in the USA

Here’s an overview of the general process:

1. Permanent Residency (Green Card). The foreign spouse first needs to apply for and obtain a conditional or permanent residency status, commonly known as a Green Card. This process typically involves filing an immigrant petition and going through a thorough background check and interview process.
2. Conditional Residence. If the marriage is less than two years old at the time the Green Card is granted, the foreign spouse will receive a conditional Green Card, which is valid for two years. Before the expiration of the conditional Green Card, the couple must jointly apply to remove the conditions and establish the legitimacy of the marriage.
3. Removing Conditions. To remove the conditions, the couple needs to file a joint petition with supporting evidence demonstrating that they entered into the marriage in good faith. This includes providing documentation of joint finances, shared residence, and other evidence of a genuine marital relationship.
4. Naturalization. After successfully removing the conditions on the Green Card, the foreign spouse becomes a permanent resident without conditions. Then, they are eligible to apply for U.S. citizenship through the naturalization process. Generally, the foreign spouse must have been a permanent resident for at least three years, have continuous residence in the US, and meet other requirements such as good moral character and passing an English and civics test.

Documentation and Application

To pursue American citizenship through marriage, there are specific documentation requirements and an application process that you need to follow. Here’s a general outline of the documentation and application process:

1. Marriage Certificate.
2. Form I-130: The first step is filing Form I-130, Petition for Alien Relative. Along with the form, you’ll need to submit supporting documents such as a copy of your marriage certificate, evidence of any previous marriages terminated, and proof of the US citizen spouse’s citizenship or permanent residency status.
3. Form I-485 (Adjustment of Status). This form is used to apply for a Green Card and adjust your status to that of a permanent resident. Along with Form I-485, you’ll need to submit supporting documents, including biographic information, employment history, proof of financial support, medical examination records, and additional evidence of a bona fide marital relationship.
4. Affidavit of Support. You’ll need to submit Form I-864, Affidavit of Support, to demonstrate that you have financial support and won’t become a public charge.
5. Biometrics Appointment. After submitting your application, you’ll receive a notice to attend a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be taken for background checks.
6. Interview. Once your application is processed, you and your US citizen spouse will be scheduled for an interview with a USCIS officer.
7. Naturalization Application. After obtaining a Green Card and meeting the eligibility requirements, you can apply for US citizenship through naturalization. This process involves filing Form N-400, Application for Naturalization, and attending an interview with USCIS.

Dual Nationality

The United States generally allows dual nationality or dual citizenship, meaning individuals can be citizens of the US and another country simultaneously.