Naturalization through Marriage

"Naturalization" is the process by which an individual becomes a citizen of the United States. There are a number of requirements that individuals must meet in order to be able to become citizens. In general, these relate to time spent in the United States (a minimum of half of time during the previous five years) and to have been of good character for five years.

Rights of U.S. Citizens

Citizens gain a number of rights such as voting rights, a social security number, the ability to apply for and to obtain a US passport, to serve as a juror in court, to apply for and work in certain classes of employment, amongst other rights. There is a common misconception that simply by marrying a US citizen will entitle you to be able to get American citizenship. In reality, however, it is slightly more complex than this and can be time consuming.

Applying After Marriage

When an alien marries a United States citizen, they are allowed to apply for citizenship three years after the date when their Adjustment of Status was approved, provided they do not incur any criminal convictions during that period. However, it is important that the three-year period does not comprise of long periods spent outside the United States. Then it is necessary to make an application to USCIS on form N-400 for naturalization. 

With some exceptions, applicants must take an examination to demonstrate their knowledge of US government process and US history, as well as a fundamental understanding of how to read and write English. The final step, once the examination has been passed, is to take the oath of allegiance.

Benefits of Naturalization

There is no requirement to become a US citizen after you get married, but if you do this releases your US citizen spouse from the obligations they have legally under the I-864 affidavit, which includes financial obligations. Also there are other financial implications of not applying for citizenship, such as continuing taxation obligations in your home country, as well as inheritance taxes and estate taxes. Finally, permanent residents risk deportation after having committed certain criminal offences whereas citizens do not.

Once an individual has become naturalized, it is very important that he or she notifies the social security administration. This is to make sure that other government agencies are aware of the citizenship status from the central SSA computer, rather than having to prove it on numerous occasions to individual agencies.

If you have questions about naturalization that you can’t resolve yourself, speak to an immigration lawyer today.

• If you need legal assistance with an Immigration Problem, please consult with an Immigration Lawyer near you to discuss the details of your case. The content of this website is for informational purposes only!