For many people who dream of living and working in the United States, obtaining citizenship through marriage is one of the fastest and most common paths.
Legally, this process allows a foreign national married to a U.S. citizen to apply for a Green Card—and eventually, U.S. citizenship—once certain conditions are met.
Immigration in the U.S. is often a long and complex journey that can take many years. However, through marriage, the citizenship process can be shortened to as little as three years! Even better, this path offers one of the most reliable routes to citizenship—imagine becoming an American citizen in just three years!
In this article, we’ll walk you through every step of the marriage-based U.S. citizenship process and outline the roadmap you should follow. If you have any questions, don’t hesitate to contact us!
The General Process
The marriage-based citizenship process consists of three main stages:
1. Petition for Alien Relative (Form I-130):
The U.S. citizen spouse submits Form I-130, the Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS) on behalf of their foreign spouse.
2. Obtaining a Green Card:
If the foreign spouse is in the U.S., they can apply for a Green Card and attend an interview to finalize their permanent resident status. If they are outside the U.S., they can enter through consular processing with an immigrant visa (the equivalent of a Green Card).
3. Applying for Citizenship (Naturalization):
After maintaining a valid marriage to a U.S. citizen for three years from the date the Green Card was issued, the foreign spouse can apply for citizenship using Form N-400.
The process differs slightly depending on whether the foreign spouse is currently inside or outside the United States.
If You’re in the U.S.: Adjustment of Status
If the foreign spouse is in the U.S. on a valid visa (tourist, student, etc.), they can typically apply for Adjustment of Status using Form I-485.
In most cases, Forms I-130 and I-485 can be filed together—a process known as Concurrent Filing—which can significantly speed up the timeline.
If You’re Outside the U.S.: Consular Processing
If the foreign spouse lives abroad, the process continues through the National Visa Center (NVC) once Form I-130 is approved.
The applicant then attends an immigrant visa interview at the U.S. Embassy or Consulate in their country. If the interview is successful, they receive an immigrant visa, and upon entry to the U.S., they automatically become a Green Card holder.
Step-by-Step Guide and Required Documents
Step 1: Form I-130 (Petition for Alien Relative)
This is the first and most crucial step. The U.S. citizen spouse must prove that the marriage is legitimate and legally valid. Typical supporting documents include:
- U.S. citizen spouse’s birth certificate or passport
- Foreign spouse’s birth certificate
- Marriage certificate
- Divorce decrees from any previous marriages (if applicable)
- Evidence of a genuine relationship (joint bank accounts, lease agreements, vacation photos, shared bills, letters from friends or family, etc.)
Step 2: Green Card Application – Adjustment of Status or Consular Processing
Adjustment of Status (Form I-485):
Used for couples residing in the U.S. This form changes the foreign spouse’s status to that of a Green Card holder.
Consular Processing:
Used when the foreign spouse resides abroad. After I-130 approval, the case is sent to the NVC, followed by a visa interview at the designated U.S. Consulate.
The Interview:
In both cases, the couple must attend an interview conducted by a USCIS officer or consular official to verify that the marriage is bona fide (genuine).
Step 3: From Conditional to Permanent Green Card
In some cases, marriage-based Green Cards are issued conditionally for two years. This happens when the Green Card is granted within two years of the marriage date. This conditional period exists to confirm the authenticity of the relationship.
Form I-751:
Within the 90 days before the conditional Green Card expires, the couple must file Form I-751 (Petition to Remove Conditions on Residence) to obtain a 10-year permanent Green Card.
Step 4: Citizenship Application (Form N-400)
After obtaining a Green Card, there are several pathways to citizenship:
Through Marriage to a U.S. Citizen: You may apply for naturalization 3 years after receiving your Green Card (Form N-400).
Standard Route: Apply after 5 years as a Green Card holder.
Military Service: Individuals serving in the U.S. Armed Forces may apply for citizenship without a waiting period.
Important Note:
Applicants must demonstrate a period of continuous residence in the U.S., good moral character, and pass both the English and U.S. civics tests.
Our Client Andy & Ülkü’s Green Card Journey
Ülkü & Andy – Marriage-Based Green Card Process
Client Profile: Married to a U.S. Citizen
Goal: Obtain Green Card Through Marriage
Ülkü, a Turkish citizen, and her American husband Andy met while working in psychology in Germany and decided to build their life together in the United States. She turned to us for guidance on her marriage-based Green Card application.
We prepared her case file meticulously, ensured all documents were complete, and supported her throughout the USCIS interview. As a result, Ülkü received her conditional Green Card in a short time.
By managing case follow-ups and providing strategic advice, we ensured the process progressed smoothly and efficiently. Ülkü and Andy were delighted with the seamless experience, and we are proud to have assisted them on this important journey.
Result:
Marriage to Citizenship with MC Law Firm!
The marriage-based citizenship process involves multiple legal and bureaucratic steps that must be handled with precision. Every stage must be completed carefully to prevent unnecessary delays or denials.
This article serves as a general guide—each individual case is unique and should be evaluated in detail. Contact us today, and let our expert team assess your situation and guide you through the process!
📞 201-957-0909
📧 info@mclawfirm.com
