How to Obtain Citizenship Through Marriage in the United States
Individuals can qualify for citizenship through marriage to a U.S. citizen. Each immigration case is different so first consider consulting with an experienced attorney--someone who has handled family-based cases. Although the entire process can become expensive--easily over $1,000 for immigration filing fees alone--citizenship generally is permanent. You will not lose your status unless you commit fraud or serious crimes.
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Instructions
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Consult with an immigration attorney to see if you qualify for permanent residency. For example, if you entered on a tourist visa, overstayed (stayed past your deadline to leave the U.S.) but remain in the U.S., then you should qualify to obtain lawful permanent resident (LPR) status--because you have proof of legal entry and admission, such as through your I-94 card or passport stamp. Alternatively, you might be eligible if your native country participates in the visa waiver program; for example if you are Canadian, you do not need a visa to enter the U.S. temporarily. If you entered illegally or have accrued unlawful presence, then you unlikely can obtain status by marrying a U.S. citizen.
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Find a U.S. citizen spouse if you qualify for status--ideally someone who is close to your age and speaks the same language. People marry because of various reasons, however fraudulent marriages (e.g., only to obtain status) are illegal. There are many ways that applications are analyzed to ensure that the marriage is legitimate. If you are caught in a fake marriage, you risk never obtaining legal status in the U.S. along with being deported.
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Assess your marriage. If you are married for less than two years, then you have a higher burden of establishing that the marriage is legitimate. Some ways that people establish their relationship include shared bank accounts, apartment leases, photographs (with family and friends--not just alone), and even children's birth certificates. The rationale is that if you are in a legitimate marriage, then you have lots of evidence. Remember that immigration officials continuously screen to identify discrepancies and suspicious behaviors (e.g., a man who marries four times and helps all four wives obtain status).
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Submit correct and complete applications. You can file the application on your own or hire an attorney. Required forms include I-130, G-325 (four original signatures for each spouse), I-485 and I-864 and are available for free through the U.S. Citizenship and Immigration Services website (uscis.gov). Keep copies of everything that you submit and receipts that confirm filing fees were paid.
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Pass your final immigration interview for LPR status. If you have been married for less than two years, you likely will receive conditional residency, meaning that you will have to submit a removal of conditions application two years from when you obtained LPR status. To successfully remove the conditions, you must demonstrate continuity of marriage, so if you get divorced, then you risk losing your status. If you were married for more than two years when you received your LPR status, then you do not have conditional residency.
Apply and prepare for the citizenship test, which you should be qualified to take three years from when you obtained LPR status. You do not have to speak English fluently, though you must demonstrate a basic comprehension and communication skills. You can take the citizenship test in your native language (e.g., Spanish, French, Swahili, Arabic), after you have been an LPR for at least 15 years and are at least 55 years old--or an LPR for 20 years and over 50 years old.
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Tips & Warnings
Conduct yourself appropriately and avoid problems with law enforcement. To obtain LPR status and citizenship, you must demonstrate good moral character. For example, you unlikely will obtain status if you are convicted of first-degree murder. Criminal attorneys do not always understand immigration consequences of pleas and convictions, meaning that a criminal attorney might consider an 18-month probation sentence as fair but probation can affect your immigration eligibility.
Always tell the truth. Immigration records are well kept and inconsistencies quickly can be identified. For example, the citizenship application requires you to disclose all arrests. If you fail to disclose an arrest from 20 years ago, you risk having your application denied--especially as all applicants undergo background checks.
