U.S. Citizenship Through Marriage

Last Updated on September 3, 2024 by Linda Lee

U.S. Citizenship Through Marriage Summary

• If you have a marriage green card, you only have to wait 3 years before you can become a U.S. citizen versus the normal five years for other visas.
• You’ll need to file form N-400 to become a naturalized U.S. citizen.
• The USCIS filing fee for form N-400 is $760 as of September 2024.

If you have a marriage green card and are considering U.S. citizenship, you’ve come to the right place. U.S. citizenship through naturalization means you can vote in elections, be eligible for federal careers, travel freely in and out of the country, sponsor family members and enjoy the security citizenship offers. It’s the natural next step for immigrants married to U.S. citizens. 

Having a green card through marriage puts you on a fast-track to naturalization. You can apply for U.S. citizenship in just three years instead of the required five with other green cards. Three years is not that long so it’s important that you start carefully planning soon after you get your marriage green card. 

Our immigration law office has helped many marriage green card holders become U.S. citizens. If you are interested in starting the process, give us a call at (213) 375-4084 or fill out the contact form to the right. 

Benefits of U.S. Citizenship through Naturalization

Becoming a U.S. citizen when you already hold a marriage-based green card offers several significant benefits, including:

1. Right to Vote: As a U.S. citizen, you gain the right to participate fully in the democratic process by voting in federal, state, and local elections. This empowers you to have a voice in shaping the policies and leadership of your community and country.
2. Unrestricted Travel: While green card holders enjoy the ability to live and work in the United States indefinitely, they may face restrictions on travel outside the country for extended periods. U.S. citizens, however, have the freedom to travel internationally without concerns about reentry or residency requirements.
3. Protection Against Deportation: Green card holders are subject to deportation if they violate certain laws or fail to maintain their immigration status. U.S. citizens, on the other hand, enjoy protection from deportation and have the security of permanent residency in the country.
4. Ability to Sponsor Relatives: U.S. citizens have broader eligibility to sponsor relatives for immigration to the United States compared to green card holders. This includes the ability to sponsor parents, siblings, and married adult children for permanent residency.
5. Access to Federal Jobs and Benefits: Some federal jobs and benefits are reserved exclusively for U.S. citizens. By obtaining citizenship, you expand your opportunities for employment in government agencies and access to federal benefits, including social security and Medicare.
6. Greater Security and Stability: U.S. citizenship provides a sense of security and stability, knowing that you are fully integrated into American society and protected by the rights and privileges afforded to citizens.
7. No Requirement to Renew or Replace Documents: Unlike green cards, which must be renewed periodically and replaced if lost or stolen, U.S. citizenship is permanent and does not require any ongoing maintenance or renewal.

Overall, becoming a U.S. citizen offers a sense of belonging, security, and participation in civic life that extends beyond the privileges of permanent residency. It represents a commitment to the values and ideals of the United States and opens doors to a wider range of opportunities and benefits.

Qualifications for U.S. Citizenship with a Marriage Green Card

If you currently hold a marriage-based green card and aspire to become a U.S. citizen, it’s essential to understand the qualifications and requirements for naturalization. While holding a green card through marriage provides a significant step towards permanent residency, obtaining U.S. citizenship offers additional privileges and benefits. Here’s what you need to know about the qualifications for U.S. citizenship when you have a marriage green card.

1. Duration of Permanent Residence:

To be eligible for U.S. citizenship through marriage, you must have been a lawful permanent resident (green card holder) for a specified period. Typically, this requirement is three years if you are married to and living with the same U.S. citizen spouse during this time. However, if you are not living with your U.S. citizen spouse or are divorced, the requirement is five years.

2. Physical Presence:

During the qualifying period, you must demonstrate physical presence in the United States for a certain number of days. For most applicants, this means being physically present in the U.S. for at least half of the required residency period.

3. Continuous Residence:

You must also maintain continuous residence in the United States from the time you obtained your green card until you apply for citizenship. Extended trips outside the country may disrupt your continuous residence and could affect your eligibility for citizenship.

4. Good Moral Character:

U.S. citizenship applicants must demonstrate good moral character, which includes obeying U.S. laws, paying taxes, and avoiding any significant criminal offenses or immigration violations. Any issues with moral character may impact your eligibility for citizenship.

5. English Language Proficiency:

One of the requirements for U.S. citizenship is demonstrating proficiency in the English language. This includes the ability to read, write, speak, and understand English. There are exceptions to this requirement for certain individuals, such as those with medical disabilities.

6. Knowledge of U.S. Civics and History:

Applicants for U.S. citizenship must demonstrate knowledge of U.S. civics and history. This is typically assessed through the civics test during the naturalization interview process. 

Other requirements include being up to date on all federal tax returns and having a clean criminal history. If you have committed certain crimes, you are ineligible to become a U.S. citizen. 

Understanding the qualifications for U.S. citizenship with a marriage green card is the first step towards achieving your goal of becoming a U.S. citizen. By meeting these requirements and seeking guidance from our knowledgeable attorneys, you can navigate the naturalization process with confidence and ensure the best possible outcome for your case. 

Naturalization Process for Marriage Green Card Holders

Acquiring US citizenship through naturalization when you already hold a marriage-based green card involves a comprehensive process overseen by the United States Citizenship and Immigration Services (USCIS). Here’s an overview of the steps involved:

1. Meet Eligibility Requirements

Ensure you meet the eligibility criteria for naturalization, including:

• Having been a lawful permanent resident (green card holder) for at least three years, if married to and living with the same US citizen spouse during this time (or five years if not living with the US citizen spouse).
• Meeting residency, physical presence, and continuous residence requirements.
• Demonstrating good moral character, English language proficiency, and knowledge of US civics and history.
• Everything else listed in the section above

2. Prepare Form N-400

Complete and submit Form N-400, Application for Naturalization, to USCIS. Include all required documentation, such as:

• Copy of your green card.
• Marriage certificate (if applying based on marriage).
• Evidence of residency and physical presence in the United States.
• Any additional supporting documents as requested by USCIS.

3. Biometrics Appointment

Attend a biometrics appointment, where your fingerprints, photograph, and signature will be captured for identity verification purposes.

4. Naturalization Interview

Attend an interview at a USCIS field office. During the interview, a USCIS officer will review your N-400 application, ask you questions about your background, residency, and eligibility for citizenship, and administer the English and civics tests. Be prepared to provide accurate and honest answers and bring any requested documents to the interview.

5. English and Civics Tests

Demonstrate proficiency in the English language and knowledge of U.S. civics and history by passing the English and civics tests. Study materials and resources are available to help you prepare for these tests.

6. Oath of Allegiance Ceremony

If your naturalization application is approved, attend a scheduled oath of allegiance ceremony. During this ceremony, you will take the Oath of Allegiance to the United States, renouncing allegiance to any foreign country, and officially become a U.S. citizen.

7. Receive Certificate of Naturalization

After taking the Oath of Allegiance, you will receive your Certificate of Naturalization, proving your U.S. citizenship. Keep this document safe, as it serves as official proof of your citizenship.

Obtaining U.S. citizenship through naturalization when you already hold a marriage-based green card is a significant milestone that offers numerous benefits and opportunities. By understanding the naturalization process and meeting the eligibility requirements, you can successfully navigate the journey to becoming a proud citizen of the United States.

In order to be successful in your journey, it’s recommended that you consult with one of our naturalization attorneys. We have extensive experience helping spouses of U.S. citizens gain citizenship through naturalization. Give us a call today at (213) 375-4084 for more information.

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