When can i apply for citizenship after marriage

A review of the steps between marriage and applying to naturalize.

Let's take the situation of a foreign student in the U.S., whose boyfriend, a U.S. citizen and has just proposed. The couple plans to get married and settle down in the United States. How long will it take before the immigrant gets U.S. citizenship?

From Marriage to U.S. Citizenship

First, let's get one important thing straight: Marriage to a U.S. citizen makes someone eligible for a green card, not for citizenship. Having a green card for a certain number of years can make the person eligible for U.S. citizenship. But it's a two-step process—at a minimum. In other words, even if the U.S. citizen husband sponsors the immigrant, it doesn't turn the immigrant into a U.S. citizen right away.

Below are the steps you will probably have to go through if this situation applies to you, and the typical amount of time each one will take.

NOTE to anyone who isn't in the exact same situation: Procedures differ for applicants who are living outside the U.S., or who are inside the U.S. but not in lawful immigration status, or who are marrying a U.S. permanent resident rather than a citizen. See this chart for the procedural scenarios.

Step One: U.S. Citizen Files Visa Petition

Your U.S. citizen husband will need to launch this process by preparing a petition for you on Form I-130, issued by U.S. Citizenship and Immigration Services (USCIS) and you prepare an adjustment of status application (with Form I-485 and accompanying forms and documents) and you mail this entire package to USCIS.

Step Two: Couple Attends Interview at USCIS Office

Typically several months after the couple submits the adjustment of status application, USCIS will call the couple in for an interview. The immigrant will (if all goes well) be approved for lawful conditional resident status at that time.

Step Three: Immigrant Spends Two Years as a Conditional Resident

Conditional residence lasts for two years. Ninety days before those two years are up, the immigrant and husband must submit a joint petition on Form I-751, asking that the conditions on residence be lifted, thus allowing the immigrant permanent residence. Several months later, USCIS will hopefully approve the request.

If your marriage runs into trouble or you get divorced before you're able to get the conditions on your permanent residence lifted, you could be facing deportation, though exceptions can be made if you qualify for a waiver. See What If Your U.S. Spouse Won't Sign the Joint Petition (I-751)?)

Step Four: Waiting to Qualify for U.S. Citizenship

If you remain married to and living with your U.S. husband for three years from the date of your approval for conditional residence, you can finally apply for U.S. citizenship (naturalization). You will need to meet all the eligibility criteria, including being able to speak English and pass an exam covering U.S. history and government.

Someone whose spouse became a U.S. citizen after the immigrant got U.S. residence would have to wait three years from that point to take advantage of the exception, with the result that it might not even help them.

The application for citizenship is made by submitting Form N-400 to USCIS. This part of the process is also a lengthy one. The applicant will have to wait months before being called in for a naturalization interview at a USCIS office, and then after approval, attend a swearing-in ceremony.

By the way, this three-year rule represents an important exception. Most people must wait five years after getting a green card to apply for U.S. citizenship. But you need to have met all of those conditions for the entire three years, namely that you were living with your spouse the whole time, and that he was a U.S. citizen that whole time. In fact, you must remain married all the way up to the swearing-in ceremony to qualify for the three-year exception.

AN APPLICANT FOR NATURALIZATION AFTER THREE YEARS OF MARRIAGE TO A U.S. CITIZEN MUST MEET THE FOLLOWING REQUIREMENTS:

Be 18 years of age or older

Without exception, applicants for this category must be at least 18 years old.

Be a green card holder for a minimum of 3 years

Prior to filing Form N-400, Application for Naturalization, applicants must have had their permanent resident cards for 3 years. On your green card, the date next to “Resident Since” indicates the exact date you were granted permanent resident status. You will be eligible for naturalization precisely 3 years from this date. However, the rules do allow you to file your application up to 90 days before your 3-year anniversary.

Have lived with your U.S. citizen spouse for a minimum of 3 years

An applicant in this category must be married to a U.S. citizen for at least 3 years prior to filing for naturalization. Their U.S. citizen spouse must have been a U.S. citizen for the entire 3 years, and the couple must remain married throughout the entire naturalization process including the oath ceremony. Divorce or death of the U.S. citizen spouse disqualifies the applicant from naturalization.

Have resided in the state or jurisdiction of filing for a minimum of 3 months prior to filing

Applicants must have resided in the state or USCIS jurisdiction of filing for at least 3 months before filing Form N-400. Moving to a new state or district will delay your eligibility to file by 3 months.

Have lived continuously in the U.S. for 3 years as a green card holder prior to filing the application

By maintaining a residence in inside the United States for the specified amount of time, you are showing your desire to assimilate to the American community and live in the U.S. Although you are required to maintain this U.S. residency for 3 consecutive years immediately prior to filing your N-400, you are allowed to take trips abroad as long as you continue to show your desire to maintain residency by continuing to file your taxes. You should, however, avoid trips longer than 6 months as these may cause a disruption to your permanent resident status. Additionally, you must continuously reside in the U.S. from the date you file your application until the date your naturalization process is complete. Certain exemptions may apply to this rule for applicants involved in employment overseas, including work with the U.S. Armed Forces or government.

Have been present in the United States for a minimum of 18 months out of those 3 years prior to filing the application

This requirement refers to the amount of time an applicant is actually present in the United States during the period prior to filing Form N-400. You must subtract every day you are absent from the United States. Exemptions for certain types of employment with the U.S. Armed Forces and government may apply to you.

Have a working knowledge of the English language and U.S. history and civics

Generally, applicants must know how to speak, read, and write English and know some U.S. history, as well as understand some concepts of the American government. There are, however, some exceptions to this requirement for applicants with learning or physical disabilities.

Possess a good moral character

While applicants are not required to be perfect, they must demonstrate good moral character and a desire to abide by the principles of the U.S. Constitution and the laws and guidelines of American society. Applicants must abstain from the following activities to maintain their eligibility to naturalize:

• Crimes with intent to harm another person
• Crimes of fraud against the Government
• 2 or more crimes with a combined penalty of a 5-year sentence
• Controlled substance law violations (of U.S., state, or foreign country)
• Persistent drunkenness
• Prostitution
• Illegal gambling
• Having more than 1 spouse simultaneously (polygamy)
• Lying for the purpose of obtaining immigration benefits
• Failure to pay child support or alimony payments s ordered by the court
• Incarceration of 180 total days in jail, prison, or other institution
• Failure to complete probation, parole, or suspended sentence prior to applying for naturalization
• Acts of terrorism
• Persecution of individuals based on race, national origin, religious beliefs, or political or social affiliations

EACH YEAR AN AVERAGE OF

766,667

N-400 FORMS ARE FILED*

OUT OF THESE

61,333

ARE REJECTED*

AND ANOTHER

74,852

GET DENIED*

FORM N-400, APPLICATION FOR NATURALIZATION

Zontlaw.com is the premier online resource for helping you prepare your USCIS Form N-400, Application for Naturalization. Our groundbreaking software will guide you, step-by-step through the entire application with easy to understand instructions, while checking for mistakes. We make the process so simple that you can do it yourself and we guarantee the USCIS will accept your application. Applicants with no complications, such as arrests or immigration violations, can easily prepare their N-400 without the help of a lawyer, however, the USCIS still denies or rejects thousands of applications every year.