Free Tips for Securing Citizenship Through Marriage in US 2024

If you wish to join your partner in the US and become a citizen, you should know that the rate of citizenship through marriage has increased in the past few years. Obtaining US citizenship through marriage can take several years, and it’s quite complicated. The journey to obtaining US citizenship requires an understanding of the legal requirements and the steps involved.

This article offers a clear roadmap to obtaining citizenship through marriage. In this guide, I will be providing valuable insights on what citizenship through marriage is, the cost of application, eligibility, how to apply, the legal requirements and documents, as well as the processing time.

What Does Citizenship Through Marriage Mean?

Citizenship through marriage (a marriage-based green card) lets a U.S. citizen or green card holder’s spouse live and work in the United States. A green card holder will have permanent resident status until they decide to apply for U.S. citizenship after three years of marriage.

A U.S. citizen can decide to sponsor their non-US citizen spouse for permanent residency (a marriage green card) to enable their spouse to legally work and reside in the US. If the US citizen and their spouse are outside the U.S., the non-US citizen will have to obtain an immigrant visa to enter the US as a permanent resident.

After three years of US lawful permanent residence, the green card holder can apply to naturalise as a US citizen. Getting a green card is not as easy as you think. There are multiple requirements and steps that must be carefully followed. Failure to properly file your case or to follow each of the required steps can result in your case being delayed or, even worse, denied.

Key Points

The marriage must be legitimate, legal, and recognized by U.S. law, with the U.S. spouse meeting a minimum income requirement of 125% of the federal poverty level.

The process involves filing Form I-130, followed by either adjustment of status or consular processing, with essential documents like passports, marriage certificates, and joint financial records.

A final interview verifies the authenticity of the marriage, and upon approval, the green card is issued, allowing the spouse to live and work in the U.S., with potential citizenship after three years.

What Are the Requirements for Obtaining Citizenship Through Marriage?

The requirements are slightly different based on two things: whether you are married to a US citizen or a lawful permanent resident. The requirements include the following:

#1. The Marriage to a US Citizen or Lawful Permanent Resident Must Be Legitimate

The marriage cannot go against US law ( incest, multiple spouses, e.t.c.)
The marriage cannot be faked just to get immigration benefits.
The marriage must be legal, valid and recognised in the place where the marriage took place.
To determine validity of the marriage, USCIS looks to see whether the parties intend to build life together at the time of the marriage.

#2. Minimum Income Requirement

Your US citizen or lawful permanent resident spouse must have income that is at least 125% of the federal poverty level.
Your spouse must sign an affidavit stating that they will support you.
If they do not have income of at least 125% of the federal poverty level, they can use a joint sponsor.

#3. You Cannot Be Inadmissible for Immigration

There are 10 categories of inadmissibility, which are based on health, criminal background, prior removals, etc
You cannot fall into any of these categories.

#4. You Must File a Form I-130 With Uscis and Get Approved

#5. You Must Complete an Adjustment of Status or Consular

Adjustment of Status

If you are marrying a US citizen or lawful permanent resident:

Must have entered the US lawfully
Must be physically present in the US at the time of I-485 filing.

Additional requirements apply only if you are marrying a lawful permanent resident

Cannot have entered through the US waiver system.
Never worked unlawfully in the US.
visa must be currently Available.

Consular Requirement

if you are marrying a US citizen or lawful permanent resident

Must attend a consular interview
Must attend a medical examination

Additional requirements apply only if you are marrying a lawful permanent resident

What Are the Documents Required to Get Citizenship Through Marriage?

The document you will need to include depends on your particular situation and the evidence that you have available based on your relationship. For example, if you have gone on a trip with your spouse, your documentation can include pictures of you and your spouse together while on vacation. If there is a child in the relationship, your child’s birth certificate should be included with your petition.

Here is a general list of documents you should expect to provide for your citizenship through marriage. The list below is a general case; your immigration lawyer should review your case with you and create a specific list of documents based on the particular case.

#1. Documentation for Foreign National Seeking Green Card

Copy of passport
Passport photos
proof that all prior marriages have been terminated (if applicable)
Copy of birth certificate

#2. Joint Documentation

Joint credit statement
Joint car insurance
Joint health insurance policy
Marriage certificate
Letters from friends addressing both of you
Any document with both your and your spouse’s names together
Photos of you and your spouse in different settings, such as your wedding, parties or vacations
Joint lease agreement or mortgage
Evidence of a joint bank account

#3. Documentation From Us Citizen or Lawful Permanent Resident

Copy of form I-551 (permanent resident card)
Passport photos
Copy of passport
Income tax returns
Proof that all prior marriages have been terminated ( if applicable)

How to Apply for Citizenship Through Marriage (Marriage-Based Green Card)

The following are simplified steps on how to apply for your citizenship through Marriage:

#1. Establish the Marriage Relationship (Form I-130)

The first and most important step in this process of getting citizenship through marriage is to submit form I-130, which is officially called the petition for Alien relative to USCIS, which is part of the U.S. Department of Homeland Security.

The spouse filing Form I-130 is called the “petitioner or sponsor”. The spouse filing the form I-130 is a U.S. citizen or a current green card holder. Also, the spouse seeking a green card is called the “beneficiary” or “green card applicant.”. The primary purpose of this form is to establish if the marriage is valid or bona fide.

Critical elements of the complete Form I-130 package include:

#2. Apply for the Green Card ( Form I-485 or Form Ds-260)

There are two different processes allowed by the government to determine a spouse’s eligibility for a marriage-based green card. The right process depends on whether the spouse lives outside or within the United States.

Green Card for Citizens Living Within the US

If the spouse seeking a green card physically lives in the US, then the next step is to file Form I-485, called the Adjustment of Status. Its primary purpose is to establish that the spouse is eligible for a green card.

Adjustment of status is part of the immigration process for the following marriage visa types:

F2A category ( F26 spouse; F27 child) when the sponsor is a legal permanent resident.
IR6/CR6 spouse and accompanying IR7/CR7 child when the sponsor is a U.S. citizen.
CF1 spouse; CF2 child when the sponsor is a US citizen and the foreign spouse is adjusting status from a K fiance visa.

For spouse’s of US citizens, this form I-485 filing package can usually be combined with the I-130 form and supporting documents listed above (concurrent filing)

For spouse’s of the U.S. green card holder’s, the form I-485 filing package cannot be submitted until the department of state determines that the green card is available in the visa bulletin, given annual caps. The wait time varies but it is usually between one and half months, depending on the home country of the spouse seeking the green card.

For Green Card Applicant’s Living Outside of the United States

This has a different approach for spousal visas. The next step is to file an application package with the National Visa Center (NVC), which is run by the department of states. The NVC gathers the necessary forms and documents and decides if the spouse is ready for an interview at the U.S. embassy or consulate abroad (a process called consular processing)

Consular processing is the immigration process for the following types of visas:

CR1/IR1 spouse and the accompanying CR2/IR2 child when the sponsor is a U.S. citizen.
F2A category (F21 spouse; F22 child) when the sponsor is a legal permanent resident.

For spouses of US citizens, it takes 1-2 months for NVC to process an application package.

For the spouses of US green card holders, it also takes 1-2 months for NVC to process an application package.

Once the package has been processed by NVC, they will send it to a U.S. embassy or consulate in the home country of the spouse seeking a green card.

#3. Attend the Green Card Interview and Wait for Approval

The green card interview is the final step in the process of obtaining a marriage-based green card. The primary goal of the interviewer is to check the authenticity of the marriage. A lot of questions can be asked, which will be listed under 4 categories later in this article. If the interviewer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for the green card.

The location of the interview and whether the sponsoring spouse must also attend depends on where the spouse seeking a green card currently lives.

Does your spouse live in the United States? A spouse applying for a green card from within the United States will attend an interview with the sponsoring spouse at the local USCIS office. The physical green card will typically take 2–3 weeks for case approval.
Does your spouse live abroad? If your spouse is applying for a green card from abroad, the spouse will attend an interview at the U.S. embassy or consulate in their home country. The sponsoring spouse doesn’t need to attend this interview.

The spouse seeking a green card will then receive a visa stamp on their passport, allowing them to travel to the United States. 343,100 naira ($235), which is the immigrant fee, must be paid online before a physical green card can be issued. The green card is typically mailed to the couple’s U.S. address within 2–3 weeks of the spouse’s arrival

What Are the Fees for Obtaining Citizenship Through Marriage?

Here is a breakdown of fees you should anticipate during this marriage-based green card. They include:

Immigration lawyer fee: This fee is not fixed; it depends on your immigration lawyer. It is a fee your lawyer will charge you to prepare and file your green card through a marriage case.
Form I-130: The USCIS charges 781,100 naira ($535) for this form.
Adjustment of status (if applicable): you are required to fill out Form I-485 in this case. The USCIS charges 1,788,500 naira ($1225) for this form.
To remove conditions on your green card, you are required to file Form I-751. The USCIS charges 992,800 naira ($680) for Form I-751.
Document translation fee: This is not a fixed fee; the cost depends on the company you are working with. All your documents in foreign languages, such as foreign marriage certificate, must be translated into English by a certified translator. Keep that in mind.

How Long Does It Take to Get a Marriage-Based Green Card ( Citizenship Through Marriage)?

The estimated processing time for citizenship through marriage is broken down as follows:

#1. Filing Form I-130

According to USCIS, it takes anytime between 6 and 12 months to file Form I-130 for a marriage-based green card.

#2. Adjustment of Status/Consular Processing

It can take anywhere from 6 to 8 months to complete adjustment of status/consular processing.
There must be a visa currently available for you to be able to apply for adjustment of status or consular processing.
If you are petitioning as the spouse of a US citizen, visa numbers are always current.
If you are petitioning as the spouse of US permanent resident, there are numerical limits to the number of visas available each year
If you are petitioning as a US permanent resident, you can only file your adjustment status concurrently with your Form I-130 visa.
If you are petitioning as the spouse of a US citizen, you may be able to file your adjustment of status concurrently with your Form I-130.

What Are the Questions That You Can Expect During the Interview?

There are different questions that can be asked by the immigration office during the interview. Here is a list of the 4 categories of questions you may be asked about, along with the sample questions in each category.

#1. Basic Information Relating to Your Relationship With Your Spouse

Where and how did your spouse propose to you?
When did you meet your spouse?
How did you meet your spouse?
Where was your honeymoon?
Where did you get married?

#2. Spouse’s Background and Basic Knowledge About Spouse

List your spouse’s residences over the last ten years.
How many siblings does your spouse have and what are their names?
What is your spouse’s birthday?
Which city was your spouse born in?

#3. Spouse’s Personal Information

What cologne/perfume does your spouse wear?
Is there a distinct birthmark or scar on your spouse?
What is your nickname for your spouse?

#4. Household Information

Do you have television in your bedroom?
What are the colours of the walls in your home?
Do you have wood/tile flooring in your home?

What Happens When the US Green Card Is Approved?

You will be issued a green card after one month of your entry into the US. The green card will act as your evidence of lawful permanent resident status. You need to apply for renewal after 10 years of obtaining the permanent resident card.

If you have been given a conditional permanent residence, which is given when a US citizen and a non-US citizen spouse have been married for less than two years prior to the date that the non-US citizen spouse was admitted to the US as a permanent resident, you must apply to remove the conditions within the 90-day period before the permanent resident card expires in order to maintain your permanent resident status. The validity range of conditional permanent residence is two years.

Benefits of Getting Citizenship Through Marriage

There are several benefits to getting citizenship through marriage. A few of the benefits include the following:

There is no need for a US company to sponsor you through a job offer.
Ability to live and work anywhere in the United States.
Ability to freely travel in and out of the US.
Access to US schools.
Ability to sponsor your relatives once you have become a US permanent resident.
Eligibility to adjust status in the US, even if you have overstayed your visa or are out of status.
Your unmarried children under 21 years old can qualify for green cards as derivative beneficiaries of your case.

What Happens If the Marriage Breaks Up Before the Three Years Are Up?

If the marriage breaks up or the couple stops living together, the immigrant must wait a full five years from the date of approval for residence to apply to naturalise.

Can I Overstay My Visa in the USA When I Get Married?

Short-term overstays ( under 180 days): If you overstay for less than 180 days and are married to a U.S. citizen, you may adjust your status to that of a lawful permanent resident (green card holder) without needing to leave the U.S., provided your initial entry was with a valid visa.

Can I Marry on a Tourist Visa in the USA?

The short answer to this question is yes. You can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa.

Conclusion

Finally, at the end of the article,. The information here is a bit too much, but I know I have made this guide as simple as I can. After reading this article, you should have a much stronger understanding of how to get a green card through marriage. You should now understand the basic process of getting a marriage-based green card, the requirements to get a marriage-based green card, the documents required, the cost, and how long it takes to obtain a green card by marriage.