If you’re married to a U.S. citizen and wondering how long it will take to become a U.S. citizen, the first step is typically to apply for a green card (legal permanent residence). This is the precursor to U.S. citizenship. It takes between 9 months and 2 years to get a green card for most individuals based on individual situation, immigration process, and circumstance.
When you receive your green card, if it was based on your marriage to a U.S. citizen, after three years you can apply for naturalization (becoming a U.S. citizen).
Basic Naturalization Process Upon Marital Settlement?
How to Get Your Green Card:
Firstly, you have to apply for and get your green card from your marriage with a citizen of the United States. This usually includes filing a petition, interviewing, and providing proof that your marriage is valid.
Three Years:
You have the green card, now what? You have to wait three years from your green card expiration date before you can apply for U.S. citizenship. That’s a shorter wait than the five years required by the rest of the green card holders.
Fulfill Residency Needs:
You’ll need to reside in the US and fulfill residency needs during these three years. For instance, you must have been in the United States physically for half of the 3 years and not have been living outside the country for long stretches of time.
Naturalization Application:
After 3 years you can file your naturalization application (Form N-400). This includes filling out an application, sitting for an interview, and passing exams on U.S. history, government, and English (unless the process grants you a break).
Oath of Allegiance:
If your application gets accepted, attend a ceremony, take the Oath of Allegiance, and you officially become a U.S. citizen.
What If I Fail to Meet the 3-Year Time Limit?
If you don’t meet the three-year deadline because you’ve had long periods of non-US travel, you may still be able to apply five years later as a permanent resident. But if you got your green card through marriage, the three-year rule is more or less correct.
Factors that May Impact the Process
While three years is the average waiting period for U.S.-born couples, certain conditions can extend that time:
Late processing of paperwork:
From time to time, U.S. applications can take longer than anticipated by the Citizenship and Immigration Services (USCIS).
Criminal Record:
If you have a criminal record or criminal record that could negatively impact your immigration status, then this will have a negative impact on your naturalization application.
Permanent marriage:
You cannot be married to your U.S. citizen spouse at the time you apply for citizenship. If your marriage ends in divorce before you apply, then you will no longer be eligible for the three-year rule and will need to wait five years to apply again.
Eligibility Requirements
- Marriage Duration: To qualify for citizenship through marriage, the applicant must have married and lived with a U.S. citizen for at least three continuous years immediately before applying for naturalization.
- Permanent Residency: The applicant must be a lawful permanent resident (green card holder) during this period.
- Physical Presence: The applicant must demonstrate that they have been physically present in the U.S. for at least 18 months out of the three years leading up to the application.
- Good Moral Character: The applicant must show evidence of good moral character and meet other requirements such as English language proficiency and knowledge of U.S. civics.
Application Process Timeline
- Gather Documentation: Collect necessary documents, including your green card, marriage certificate, and evidence of residency.
- Complete Form N-400: Fill out and submit the Application for Naturalization (Form N-400). This can be done online or by mail.
- Pay Fees: As of January 2025, the fee for filing Form N-400 is $760, plus an additional $85 for biometrics service.
- Biometrics Appointment: After submission, you will receive a notice for a biometrics appointment, which typically occurs within a few weeks.
- Naturalization Interview: Following the biometrics appointment, you will attend an interview with USCIS, usually scheduled several months later.
- Oath Ceremony: If approved, you will receive an invitation to attend a naturalization oath ceremony, which finalizes your citizenship status.
Can I work while the U.S. processes my naturalization application?
You can work while your naturalization application is being processed, but there are specific requirements you must meet. Here’s a detailed overview:
- Existing Work Authorization: If you currently hold a valid work visa (such as H-1B or L-1), you can continue working in the U.S. as long as that visa remains valid and you comply with its conditions.
- Employment Authorization Document (EAD): If you do not have a valid work visa, you need to apply for an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization. This form is typically filed alongside your Form I-485 (Application to Register Permanent Residence or Adjust Status) if you’re applying for a green card. Once approved, the EAD allows you to work legally in the U.S. while your application is pending.
- Application Timing: If you forgot to submit Form I-765 with your initial application, you can submit it later. It will be processed based on the date it is received, which may result in additional processing time.
- Work Authorization Restrictions: You cannot apply for work authorization if you are outside the U.S. during the consular process, and if your petitioner is a permanent resident, you must wait until eligible to submit Form I-485 before applying for work authorization.
- Renewal of Work Authorization: If your EAD is close to expiring while your I-485 is still pending, you can apply for a renewal of your EAD by submitting a new Form I-765 up to 120 days before the expiration date.
- Consequences of Unauthorized Work: Working without proper authorization can lead to serious legal issues for both you and your employer, potentially complicating your green card application.
What are the consequences if my marriage ends before the three-year period is up
Ending a marriage before the three-year period can have significant legal and personal consequences, depending on the jurisdiction and the circumstances surrounding the termination. Here are the key points to consider:
Legal Consequences
- Grounds for Divorce: In many jurisdictions, including Nigeria, a marriage typically must last for at least two years before you can file for divorce unless you demonstrate exceptional hardship. This means that if you attempt to divorce before this period, you may face challenges in court unless you can prove such hardship.
- Judicial Separation vs. Divorce: If a couple separates but does not formally divorce, they might pursue a judicial separation. This allows them to live apart while still legally married, which can affect rights related to property and finances.
- Annulment; When a marriage is deemed voidable—such as in cases of lack of consent or incapacity—the court can annul it. This legal action effectively declares that the marriage never existed. As a result, the parties involved lose certain rights, such as succession rights; for example, if your spouse dies after the annulment, you will not inherit their property.
- Property and Financial Rights; Ending a marriage prematurely complicates property rights and financial obligations. Courts typically require couples to establish arrangements concerning property and children separately from divorce proceedings. If disputes arise over property ownership or financial support, the parties must resolve these issues through legal channels.
- Child Custody and Support: Parents must address custody and support arrangements when children are involved, whether the marriage ends in divorce or annulment. Prioritizing the children’s needs is essential in both situations. Courts prioritize the best interests of the child in these decisions.
Personal Consequences
- Future Relationships: The experience of an early marriage dissolution can influence future relationships, potentially leading to trust issues or hesitance in committing again.
- Emotional Impact: Ending a marriage can lead to emotional distress for both parties involved. The potential for unresolved feelings or conflict may persist, affecting future relationships.
- Social Stigma: Depending on cultural context, there may be social repercussions or stigma associated with ending a marriage prematurely.
Learn the US citizenship process and how being married to a U.S. citizen impacts the process so that your path to becoming a U.S. citizen can be less complicated. Make sure to do everything, be on time, and have the right documents for a good application.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an IR-1 Visa Visa or a CR-1 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 has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
