Applying for U.S. Citizenship After a Marriage-Based Green Card

Congrats on receiving your marriage-based green card, Now that you’re a lawful permanent resident, you might be wondering how to apply for U.S. citizenship. Becoming a U.S. citizen comes with incredible benefits like the right to vote, the freedom to travel without restrictions, eligibility for federal jobs, and protection from deportation.

If you’re married to a U.S. citizen, you can apply for citizenship after just three years, instead of the usual five years. This shorter timeline is a great advantage, but it requires careful preparation to gather documents and fill out forms correctly.

Why Should You Apply for U.S. Citizenship?

Becoming a U.S. citizen is a big decision with many benefits. Aside from the pride of officially being part of the United States, here are some advantages of citizenship:

Protection from deportation:

Once you’re a citizen, you can’t be deported unless you’ve committed serious crimes like terrorism or fraudulently obtained citizenship.

Travel freedom:

You’ll get one of the most powerful passports in the world, which allows visa-free travel to over 180 destinations.

Access to federal benefits:

Only U.S. citizens can access certain federal benefits like financial aid for college.

Automatic citizenship for your children:

Your kids, even if born abroad, will automatically become U.S. citizens once you naturalize.

The right to vote:

U.S. citizens can vote in all elections, and you can even run for public office (except for President or Vice President).

Who Is Eligible to Apply?

As a green card holder, you can apply for U.S. citizenship after five years of residency. However, if you have a U.S. citizen spouse, you can apply after just three years. This is called the three-year rule, and it applies to those with a marriage-based green card. Here are the conditions:

You must have lived in the U.S. for three or five continuous years (depending on which rule applies).
If you leave the U.S. for extended periods, those days will be subtracted from your total time in the U.S.
You must have been living together in a marital union with your U.S. citizen spouse for at least three years before applying.
Your marriage must remain intact until you naturalize. If you divorce before you apply, you’ll have to follow the five-year rule instead of the three-year rule.

What Are the Other Requirements?

Before applying for citizenship, make sure you meet the following key requirements:

Taxes:

You must submit your tax returns for either the past three or five years (based on the rule you qualify for). Your application won’t be accepted without these.

No voter registration:

Never register to vote or claim to be a U.S. citizen on any official documents before you’re naturalized. Doing so could delay your application or even lead to deportation.

Selective Service:

Men aged 18-26 must register for the Selective Service and show proof when applying for citizenship. This is a system that tracks men who could potentially be drafted into the military. Men who became green card holders after turning 26 are exempt.

Criminal record:

Avoid trouble with the law. Any criminal history could impact your eligibility for citizenship. You’ll need to truthfully answer questions about your past and provide documentation if any apply.

U.S. Citizenship Marriage Green Card Process

Once you’ve checked that you’re eligible and have your documents ready, it’s time to apply! Here’s how to proceed:

Fill out Form N-400:

This is the Application for Naturalization. You’ll need to provide personal details and documents proving your eligibility.

Apply:

Along with your completed form, you must submit the required documents and pay the application fee of $760 (this includes $85 for biometrics).

Attend a biometrics appointment:

USCIS will schedule an appointment to take your fingerprints, photo, and signature for background checks.

Prepare for your interview:

After biometrics, you’ll receive a notice with the date for your citizenship interview. During this interview, you’ll take an English and civics test unless you qualify for an exemption. The officer will also ask about your marriage and residency.

Get a decision:

At the interview, the USCIS officer will tell you whether you’ve passed the tests and if you’re approved for citizenship.

Take the Oath of Allegiance:

If your application is approved, you’ll take the Oath of Allegiance, officially becoming a U.S. citizen. You may take the oath on the same day or at a later date.

Receive your naturalization certificate:

After the oath, you’ll get your certificate of naturalization. Now you’re a U.S. citizen, and you can apply for a passport and start voting!

Common Questions about U.S. Citizenship Marriage Green Card

Can I apply for citizenship after 3 years?

Yes, if you’re married to a U.S. citizen and have lived together in a marital union during that time, you can apply for citizenship after 3 years. Otherwise, you must wait 5 years as a green card holder.

Can I apply for citizenship after completing probation?

Yes, but it depends on the crime. USCIS looks at your moral character during the 3 or 5-year period before applying. A criminal record could affect your eligibility, so it’s important to address any issues before applying.

Can I apply for citizenship after a divorce?

Yes, but your divorce could affect your timeline. If you were eligible for the 3-year rule, you’ll now need to apply under the 5-year rule if your divorce occurs before applying.

How can I prove that my marriage is genuine for the U.S. citizenship application?

To prove that your marriage is genuine for your U.S. citizenship application, especially after obtaining a marriage-based green card, you will need to provide various forms of evidence that demonstrate the authenticity of your relationship. Here are key strategies and types of documentation to consider:

1. Comprehensive Documentation

Provide thorough documentation that shows the legitimacy of your marriage:

Marriage Certificate: Include a copy of your official marriage certificate.
Joint Financial Documents: Submit joint bank account statements, credit card statements, and tax returns that show shared financial responsibilities.
Lease or Mortgage Agreements: Provide documents that indicate you live together, such as a joint lease or mortgage.

2. Photographic Evidence

Photographs can significantly support your case:

Include pictures from various events (holidays, family gatherings, vacations) that depict you and your spouse together.
Ensure these photos include interactions with each other’s families and friends to demonstrate integration into each other’s lives.

3. Joint Financial Commitments

Demonstrating shared financial responsibilities is crucial:

Joint Accounts: Show evidence of joint bank accounts, loans, or mortgages.
Shared Bills: Include utility bills or insurance policies in both names.

4. Communication Records

Maintain records of your communication:

Keep copies of emails, text messages, and social media interactions that reflect the ongoing nature of your relationship over time.

5. Personal Statements and Affidavits

Affidavits from friends and family can bolster your application:

Obtain statements from people who can attest to the authenticity of your marriage, detailing their observations and experiences with you as a couple.

6. Proof of Shared Residence

Show evidence that you live together:

Provide documents like joint lease agreements, utility bills with both names or driver’s licenses showing the same address.

7. Evidence of Children Together

If applicable, proof of children can strengthen your case:

Include birth certificates listing both parents’ names or adoption papers.

8. Travel Evidence

Demonstrate shared experiences through travel:

Present travel itineraries, hotel reservations in both names and photographs from trips taken together.

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a CR1/IR1 Visa or an F2A Visa, we handle every step—from preparing your application to gathering the required documents.

Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.

Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.