Before Naturalization: Marriage-Based Petitions

Having a green card is one of the major prerequisites for submitting your citizenship application. A foreign-born spouse must first establish their eligibility through a marriage-based green card in this instance.

This process typically involves the following steps.

• Marriage Certificate: The foundational document for the entire process is the marriage certificate. A valid and legally recognized marriage certificate is a prerequisite for this journey. Only legally married couples are eligible to pursue permanent residency through marriage;
• Filing Form I-130: The US citizen spouse is responsible for filing Form I-130, the Petition for Alien Relative. This petition is submitted to US Citizenship and Immigration Services (USCIS), and it serves as the formal request to establish the qualifying relationship between the US citizen and the foreign-born spouse.
• Proof of Relationship: Along with Form I-130 petition, you must provide substantial evidence of their genuine and ongoing marital relationship. This can include joint bank accounts, shared bills, memories immortalized via photographs, and affidavits from friends and family verifying the status and nature of your marriage;
• Filing Fees: As with most immigration processes, there are associated filing fees for the petition. These fees are not the same across the board and may vary, given the specific circumstances of the case. They are a necessary part of initiating the journey.

Recommended Read: A Comprehensive Guide to the Green Card Process for Spouses of US Citizens

Adjustment of Status or Consular Processing

Once the marriage-based petition is approved, you have two paths to choose from for adjusting your immigration status.

• Adjustment of Status: If you are already in the United States and you are eligible, you can opt for adjustment of status by filing Form I-485 without flying back to your home country. This option typically takes several months to complete;
• Consular Processing: If you are residing abroad, preferably in your home country, you can visit a US embassy or consulate for consular processing. This process permits you to receive an immigrant visa for lawful entry into the US, after which you will become a permanent resident upon arrival.

Recommended Read: Pathways to Permanent Residency in the United States

Conditional Green Card

In many marriage-based immigration cases, the foreign-born spouse initially receives a conditional green card. This conditional status is granted for two years and serves as a probationary period designed to ensure that the marriage is genuine. To remove these conditions and eventually kick off the naturalization process, you must file Form I-751 with your legal spouse 90 days before the conditional green card is set to expire.

Recommended Read: What You Need to Know About a 10-Year Marriage-Based Green Card

Naturalization Eligibility

To become eligible for naturalization, you must meet specific requirements, which typically include the following.

• Meeting the Residency Requirement: The US citizen spouse (you) must have held a green card for at least three years if they are married to a US citizen. If you are married to a legal permanent resident, this duration is increased to five years as you go further down the priority list. This criterion demonstrates your commitment to and integration into American society;
• Continuous Residence: You must have resided in the United States continuously for the specified period leading up to your citizenship application. Prolonged absences from the country can affect eligibility;
• Good Moral Character: Demonstrating good moral character is crucial. This entails maintaining a clean criminal record and abiding by US laws. Criminal convictions, certain traffic violations, or legal issues like failure to pay child support can potentially impact your eligibility;
• Language and Civics Test: Passing a US history and government test and an English language proficiency test is a fundamental part of the naturalization process. You are required to demonstrate your ability to communicate in English and your knowledge of US history and government;
• Taking the Oath: The Oath of Allegiance is where you solemnly swear loyalty to the United States. The Oath symbolizes your commitment to the values and principles that define the nation.

The Naturalization Process for Foreign-Born Spouses

Once the eligibility criteria are met, submit Form N-400, the Application for Naturalization. The application process involves various steps.

• Biometrics Appointment: After applying, the applicant will be scheduled for a biometrics appointment. During this appointment, their fingerprints and a photograph will be taken for background checks;
• Interview: The USCIS interviews the applicant, typically at a local USCIS office. This interview is designed to evaluate the applicant’s knowledge of US history, government, and English language proficiency. It is also an opportunity for the USCIS officer to review the applicant’s application and supporting documents;
• Background Check: Throughout the naturalization process, a thorough background check is conducted to ensure the applicant’s good moral character. This includes reviewing criminal records and any other relevant information;
• Oath Ceremony: If the applicant successfully completes all the necessary steps and is approved for naturalization, they are invited to attend a naturalization oath ceremony. During this event, they officially become a US citizen and take the Oath of Allegiance.

Frequently Asked Questions About the Naturalization Process

Now, let’s address some of the most frequently asked questions about the naturalization process for lawful permanent resident spouses of US citizens.

1. Can my spouse petition for me if they are a green card holder?
A green card holder may petition for their foreign-born spouse, but the process may take longer compared to a petitioner who is a US national.

2. How long does it take to complete the naturalization process?
The naturalization process depends on various factors, such as your location, USCIS processing times, and individual circumstances. It usually takes 8–14 months from filing the N-400 form to the oath ceremony.

3. Can I apply for naturalization even if I have a criminal background?
Having a criminal record does not mean you don’t qualify for naturalization. However, certain criminal convictions may impact your eligibility. It is crucial to consult with our immigration attorney to assess your specific situation.

4. Do I need to hire an immigration attorney for the naturalization process?
An immigration attorney can be beneficial if you have a complex case or are unsure about your eligibility. An attorney can provide guidance and help navigate the process more effectively. They can also ensure you truly qualify for citizenship.

5. Can I travel outside the US while my citizenship application is pending?
It’s best to avoid international travel while your naturalization application is pending. If you must travel, get in touch with our attorney to ensure you follow the proper procedures to avoid jeopardizing your application.

The Role of an Immigration Lawyer

An immigration attorney plays a crucial role in ensuring a smoother journey and addressing any specific concerns you may have.

Here are some ways in which we can assist.

• Legal Expertise: Our immigration lawyers are well-versed in the ever-changing immigration laws and regulations. They have an in-depth understanding of the complexities of the US immigration system, including the specific requirements and procedures for spouses seeking naturalization. They can provide accurate guidance and advice tailored to your individual case, ensuring that you are well informed about the process and its potential pitfalls.
• Documentation and Application: The naturalization process involves a significant amount of documentation, forms, and supporting evidence. Our attorneys can help you compile the necessary documentation, complete forms correctly, and submit your application accurately. This reduces the risk of delays or denials due to mistakes or omissions in your application. They can also guide what evidence is most compelling to demonstrate your eligibility based on your unique circumstances.
• Case Evaluation: Our lawyers can assess the unique circumstances of your case. If you have a criminal record or other complicating factors, they can evaluate the potential challenges and advise you on how to proceed effectively. Their expertise enables them to anticipate issues that might arise during the process and develop strategies to address them.
• Communication with Authorities: Your attorney can act as an intermediary between you and immigration authorities. They can handle communication on your behalf, addressing any inquiries or requests for additional information in a professional and timely manner. This can help streamline the process and reduce the chances of misunderstandings or delays in your case.
• Appeals and Challenges: In the unfortunate event that your application is denied, our immigration attorneys can assist with appeals or other legal challenges. They have experience in navigating the appeals process and can help you understand your options and how to present a stronger case. This can be crucial in ensuring that you maximize your chances of success in obtaining US citizenship.
• Peace of Mind: Having an attorney by your side can provide peace of mind throughout the naturalization process. The process can be stressful and frustrating, especially if you have some kinks in your application. Knowing that a legal professional is guiding you through the intricate immigration process can relieve some of the anxiety associated with the journey.

Maintaining Your Permanent Resident Status

While the ultimate goal is naturalization and US citizenship, foreign-born spouses need to understand the importance of maintaining their permanent resident status while the naturalization process is underway.

Here are some key points to consider.

• Continuous Residence: Continuous residence is a critical requirement for naturalization. Avoid prolonged trips abroad that might disrupt your continuous residence. Extended absences can potentially affect your eligibility for naturalization. If you need to travel extensively or for an extended period, consult with our immigration lawyers to explore options to preserve your continuous residence;
• Be a Law-Abiding Resident: To maintain your good moral character and eligibility for naturalization, ensure that you abide by US laws and regulations. Avoid any criminal activities or actions that could jeopardize your standing. If you have concerns about past legal issues or potential complications, consult with our immigration attorney to address them proactively;
• Maintain Legal Marriage: Continue to maintain a genuine and ongoing marital relationship with your US citizen spouse. USCIS may conduct interviews or investigations to verify the legitimacy of your marriage. Keep joint financial accounts, shared bills, and a record of your shared life to provide evidence of your bona fide marriage. Explore your options in our recent blog should you need to get a divorce from your American natural spouse;
• Renew Your Green Card: If you hold a conditional green card, make sure to file the I-751 petition to remove conditions on residence in a timely manner. Failure to remove these conditions can lead to the termination of your permanent resident status, potentially affecting your ability to pursue naturalization;
• Update USCIS on Changes: USCIS must have accurate and up-to-date information about your residence, employment, and other significant details. Notify USCIS promptly if you change your address or other relevant information. Failing to do so could lead to missed notifications and potential complications in your case.

While the prospect of obtaining US citizenship through marriage is a dream shared by many, it’s essential to recognize the challenges that may crop up along the way. This is where the guidance and expertise of our immigration lawyer can make a significant difference in your journey.

Attorney Ingrid Borges Perez is not just a great lawyer who has overseen several marriage-based immigration processes; she’s a great attorney who has provided application assistance to English and non-English speakers. The multilingual attorney speaks your language if your preferred language happens to be Spanish, Portuguese, and English.

Get in touch for inquiries and concerns.