How long must one be married to a US citizen before he or she can apply to become a citizen?

Similar Questions: long married citizen apply Recent Questions About: long married citizen apply.

See answer details... Marriage to a US Citizen If you marry a US Citizen you are eligible to apply immediately for Permanent Residency (green card), unless you have had a J-1 visa with a two-year home residency requirement which has not been fulfilled or waived. There are several issues related to travel and timing of an application which need to be considered carefully. The information following may be used to understand the general process, but does not constitute legal advice.

Do I get to be a permanent resident just by marrying an American? A: No, you must file an application with USCIS (United States Citizenship and Immigration Services, formerly the INS) including an affidavit of support, certified medical examination, and other documentation as outlined in the instruction sheet attached. Can I apply before we get married?

A: No, USCIS needs proof that you are married. You can, however, prepare your application prior to marriage. What is a fiancé(e) visa?

A: A visa that allows a fiancé(e) outside the United States to enter the US in order to get married. The US citizen fiancé(e) has to file a petition with the USCIS in the US. The approved petition will be forwarded to the Consulate, which will contact the applicant and eventually schedule an interview.

Processing will probably take 4–6 months before the fiancé(e) visa is issued. My fiancé is American, but he doesn’t have a US passport, only a green card. A: If your fiancé has a green card, he is not a citizen but a permanent resident.

He can petition for you to become a permanent resident, but because of the quota there is a long wait before you can even apply for the green card. The wait is currently 5 years. If my permanent resident fiancé applies for me once we’re married, can I stay in the US?

A: Not unless you have a valid non-immigrant visa throughout the waiting period (about 5 years! ) Can I work while waiting to get my green card? A: When you apply for permanent residency (I-485, affidavit, medical exam, photos, etc.), you can also request work authorization to cover employment while your application is being processed.

If you marry a permanent resident and are not able to file for the green card yet, you can work only if you have a valid non-immigrant visa which allows you to work. Once I’ve filed the application with USCIS how long does it take? A: It varies at different USCIS offices and can take anywhere from six months to two years.

You should check with the office where you will be filing. After the interview, do I get my green card? A: Your laminated “Permanent Resident” green card will be sent to you shortly after your interview unless for reason further documentation is needed.

If you need immediate confirmation of your new status before receiving the card, you can request a stamp in your passport evidencing your PR. I’ve heard that both my spouse and I have to be interviewed; is that true? What will Immigration ask us?

A: Yes, both husband and wife will be interviewed. The purpose of the interview is to determine that the marriage was entered into in good faith and that all immigration forms have been correctly completed. I’ve heard that the green card is only temporary—is that true?

A: Yes, because marriage is a relatively easy route to permanent residency, there is a second check on the marriage after 2 years. USCIS will grant conditional permanent residency for 2 years, after which you’ll need to file another form to get an unconditional green card. (If you’ve already been married 2 years by the time you are interviewed, the green card will be permanent.

) If I become a permanent resident, do I have to give up my passport? A: No. A permanent resident is not a citizen.

Your citizenship doesn’t change. In fact, you can only apply to become a US citizen after having a green card and being married to a US citizen for 3 years. What are the benefits of permanent residency?

A: You may become eligible for in-state tuition at a state university at a later date, will qualify for most student financial aid, do not have to be a full-time student, will not have restrictions on working, and can return to the US freely after short trips abroad. What are the conditions of permanent residency? A: You must not leave the US for more than 365 consecutive days without advance permission.

If you’re planning to be abroad for extended periods of time you risk losing your permanent residency. You will not qualify for some types of Federal Aid such as Food Stamps. What forms do I need, and where can I get them?

A: See the instruction page. I understand USCIS will ask my spouse to show she will always support me. What is that regulation?

A: With the passage of the immigration law of April 11, 1991, there are quite specific financial requirements for people applying for the green card based on marriage. You must show income of at least 125% of the federal poverty guidelines. For a family of two in 2009, that amount was $18,212/year.

For more detailed information see for I-864 at the USCIS website. Travel After Marriage I’ve heard it may be difficult to travel after I’ve married an American. A: Yes.

It may not seem logical, but if you marry an American or green card holder, you have to be very careful about travel. People in F or J status or in tourist status are expected to have a home outside the US to which they intend to return. When you apply for a visa stamp at a US Consulate, you have to prove ties to your home country.

This becomes quite difficult once you’ve married a US citizen—you really do look like an intending immigrant. If you need to apply for a new US visa stamp in order to return to the US, there is a strong possibility that visa would be denied, even though you intend to continue as a full-time student. What if I have a valid student visa still in my passport?

Could I travel in that case? A: As long as you have a valid visa stamp, will be continuing as a full-time student, and have your I-20 or IAP-66 signed for travel by International Services, you will probably be able to re-enter the US without a problem. However, if immigration inspector at the port of entry thinks that you will be applying for the green card, the inspector can still refuse to let you enter.

How about travel to Canada—can’t we go there since I won’t need a new visa stamp to come back from Canada? A: Crossing the border from Canada in some ways may be easier, but if your spouse is in the car with you, it may be immediately clear that you are married to a US citizen or permanent resident. That could lead quite naturally to questions about your plans for leaving the US.

Several people have had problems returning to the US from Canada, and travel there after marriage is not recommended. (A) Would it be easier if we were married in my home country? (B) But we’d planned to have our honeymoon in my home country after we’re married in the US.

A: It’s the same problem in both cases—how do you get back into the US? Any return to the US after marrying an American raises the issues described in question #1. You mean I can’t leave the U.S. once I’m married?

A: Once you apply for the green card, it is possible to get permission from USCIS to travel while your application is being processed. This permission is called “advance parole. ” You cannot apply for advance parole before being married and filing the entire green card application, and unless there is some emergency, immigration will take 2–3 months to process the parole.

Once it is granted, however, you will be able to leave and enter the US freely without having to apply at the US Consulate abroad. If you are married to someone with a green card, you aren’t able to apply yet for your own green card, so you are not eligible for the advance parole. My friend was married at the Courthouse in the US and then went home for a big ceremony.

How was she able to do that? A: That’s a good point. The civil marriage is the official one in the United States, so someone who wishes to have two separate marriages, a civil marriage and a religious ceremony, could have the civil marriage in the US and apply for the green card.

She could then get advance parole and travel home for the religious service, and would be able to return using the parole. Further information can be found at the Department of State and the US Citizenship and Immigration Services websites. Becoming a Naturalized U.S. Citizen – Do you know the requirements?

ARTICLE TOOLS Print This Article Discuss This Topic Create News Alerts The ultimate goal of most foreign nationals, once they become permanent residents of the US, is to become a US citizen. Naturalization is the process by which those foreign nationals (someone who was neither a citizen nor a national of the US at the time of birth) apply for and obtain US citizenship. Many people hold a common perception that becoming a naturalized citizen of United States is an extremely complicated and difficult process.

But in reality the process is quite simple. While the US naturalization process is relatively easy it doesn’t mean that you can take things lightly. And some foreign nationals find the US naturalization process long and at times confusing.

The reason for the long delays is that there are so many people who want to become US citizens that all applicants must wait for their turn. Many people do not understand what the requirements are, or why they are what they are. Let’s begin our exploration of this topic by looking at who qualifies to file for US naturalization and the basic requirements or qualifications for naturalization.

Who qualifies to become a Naturalized US Citizen? Before you can begin the US naturalization process you have to fall into one of the following categories: You are a foreign national who has been a permanent resident of the US for five years; You are a foreign national who has been a permanent resident for three years, who is currently married to a US citizen, and has been married to the same US citizen for the past three years; You are a foreign national who has been a permanent resident and has served the US Armed Forces for at least three years; You are a foreign national who served honorably in the US armed forces during a specified period of armed conflict. The following period have been designated under this provision: World War I (November 11, 1916 – April 6, 1917) World War II (September 1, 1939 – December 31, 1946) Korean Conflict (June 25, 1950 – July 1, 1955) Vietnam Conflict (February 28, 1961 – October 15, 1978) Operation Desert Shield/Desert Storm (August 29, 1990 – April 11, 1991) Operation Enduring Freedom (April 11, 1991 – Open) Any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces; You were married to a US citizen who died during a period of honorable active duty service in the US Armed Forces; You served on a vessel operated by the US and have been a US permanent resident for the past five years; You are an employee or an individual who is stationed or employed abroad under contract to the US Government and have been a US permanent resident for the past five years; Are a person who performs ministerial or priestly functions abroad for a religious denomination or an interdenominational organization with a valid presence in the US, and have been a US permanent resident for the past five years; or You are spouse of a US citizen who is stationed or employed abroad, and who is one of the following: A member of the US Armed Forces; An employee or an individual under contract to the US Government; An employee of an American institution of research recognized by the Attorney General; An employee of a public international organization of which the United States is a member by law or treaty; An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; or A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

Basic Requirements for US Naturalization: The basic requirements for US naturalization are: Live in the US as a permanent resident for a specific amount of time (Continuous Residence). Be present in the US for specific time periods (Physical Presence). Spend specific amount of time in your state or USCIS district prior to filing.

Behave in a legal and acceptable manner (Good Moral Character). Know English and information about US history and government (English and Civics). Understand and accept the principles of the US Constitution (Attachment to the Constitution).

These are the basic requirements to apply for US naturalization, but what do they mean. Let’s take a closer look and find out. Continuous Residence The immigration laws have clearly defined “continuous residence.

” It means that you must live in the US as a permanent resident for a specified period of time. Most people must be permanent residents in continuous residence for five years, three years if married to a U.S. citizen, before they can begin the US naturalization process. For refugees, this means five years from the date they arrived in the US, which is usually the date they obtained permanent resident status.

For those granted asylum status in the US, this 5 year period begins one year before they received their permanent resident status. The date on your Permanent Resident Card is the date your specific period (usually the five years) begins. If you leave the United States for a long period of time, usually six months or more, you may be deemed to “break” your continuous residence.

If you are outside the US for 1 year or longer you automatically have a break in your continuous residence and the five year clock starts ticking on the date of your return, however, you will reach the “five” year mark in four years and one day because you can count the one year period preceding your return as part of the five years. Physical Presence in the United States As with continuous presence the immigration laws have clearly defined “physical presence. ” It means the time that you have actually been present in the United States.

If you are a permanent resident at least 18 years old, typically you must be physically present in the United States for at least one-half of the continuous residence period. For most permanent residents that means 30 months during the last five years before filing, or if you are filing based on marriage to a US citizen 18 months during the last three years before filing. Live within a state or USCIS district for at least three months before you apply.

Time as a Resident in the States or USCIS District of Filing Prior to filing your application for US naturalization you must have lived in the state or USCIS district where you apply for at least three months. Students can apply for naturalization either where they go to school or where their family lives (if they depend on their parents for support). Good Moral Character The law requires that to be eligible for US naturalization, you must be a person of good moral character for the statutory period (typically the five or three year period, however the USCIS can look back even farther).

An applicant cannot be a person of good moral character and is permanently barred from naturalizing if they have ever been convicted of murder, or an aggravated felony on or after April 11, 1991. A person is not considered to be of “good moral character” if they commit certain acts and/or crimes during the statutory period (five years) before they apply for naturalization or if they lie during their naturalization interview. Behaviors that might show a lack of good moral character: Drunk driving or being drunk most of the time.

Illegal gambling. Prostitution. Lying to gain immigration benefits.

Failing to pay court-ordered child support. Committing terrorist acts. Persecuting someone because of race, religion, national origin, political opinion, or social group.

Most of these do not even require a conviction; simply engaging in the activity is sufficient for a finding that you are not a person of good moral character. Knowledge of English and Civics In order to apply for US naturalization you must be able to read, write, and speak basic everyday English. You must also have a basic knowledge of US history and our form of government (this is also known as the “civics” portion of the interview).

At your interview on the N-400 you will be required to pass an English test and a test of civics. The USCIS officer will ask you to read up to three sentences in English and to write up to three sentences in English that are dictated to you. The officer will also determine your ability to speak English during the course of the interview.

The test of civics is to examine your knowledge of US history, the constitution, and our form of government. The US government has decided that if an individual understands how decisions are made and which elements of American history have contributed to making the country what it is today, he or she will be more able to make sound decisions in the public arena when voting, and voicing his/her opinion, thus making him/her a better citizen. Exemptions to the English and Civics requirements: Certain permanent residents who have lived in the US for a long length of time when they apply for US naturalization have different test requirements because of their age and the length of time they have lived in the US.

If you are Lived as permanent resident in the US for You do not take the You must take the Age 50 or older Age 55 or older Age 65 or older 20 years 15 years 20 years English test English test English test civics test in your language civics test in your language simplified civics test in your language Attachment to the Constitution: Upon your US naturalization you must be willing to support and defend the United States and its Constitution. You declare your “attachment” or loyalty to the United States and the Constitution, and renounce any foreign allegiance and/or foreign title, when you take the Oath of Allegiance. The final step in the naturalization process, and when you become a U.S. citizen, is when you take the Oath of Allegiance.

Oath of Allegiance: The Oath of Allegiance is a promise to be loyal to the United States that captured Confederate soldiers and Confederate sympathizers were forced to take to avoid being put in prison. The Oath of Allegiance is: "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. " In certain cases, where the applicant can show that he or she is opposed to any type of service in the armed forces based on religious teaching or belief, USCIS will permit these applicants to take a modified oath with the following phrase removed: “.

. . That I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; .

. . ” US Naturalization Ceremonies: If the USCIS approves your application for naturalization to US, you will be scheduled to attend an Oath Ceremony to take the Oath of Allegiance.

The ceremony can be either an administrative ceremony administered by the USCIS or a court ceremony administered by a US District Court Judge. USCIS will send you a Form N-445, Notice of Naturalization Oath Ceremony, to tell you the time and date of your ceremony. You must complete this form (it will ask you questions about your activities since your naturalization interview and examination) and bring it to your ceremony.

If you cannot go to your scheduled ceremony, you can reschedule your ceremony. To reschedule, you must return Form N-445 to your local USCIS office along with a letter explaining why you cannot attend the ceremony. When you arrive and check in at your Oath ceremony you will turn in your Permanent Resident Card to the USCIS.

You will no longer need your Permanent Resident Card because you will get your Certificate of Naturalization at the end of the ceremony. An immigration official will read each part of the Oath slowly and ask you to repeat the words. After you take the Oath, you will receive your Certificate of Naturalization.

This certificate proves that you are a US citizen. As noted above, you do not become a US citizen until you have taken the Oath of Allegiance at a formal naturalization ceremony. The Oath of Allegiance ceremony is a public event.

Conclusion: Naturalization is one of the ways of obtaining US Citizenship. US Naturalization is a privilege extended to foreign nationals who meet the minimum requirements. You must prove your worth throughout the process, and in the end you will be granted a Certificate of Naturalization.

US citizenship bestows several rights and responsibilities on the new citizens. The new citizen may now vote, serve on state and federal juries, petition to bring family members to the US, obtain US citizenship for children born abroad, and will become eligible for many federal jobs and many more government benefits. Overall the decision to pursue US naturalization dream to become a US citizen is one of the most important decisions that you will have to face.

Given the privileges that come with citizenship it should not take you very long to reach your decision. Sources: http://www.indiana.edu/~intlserv/scholars/pr/general_info/marriage_q_a.php .

4 Right. You can apply for a green card immediately upon the marriage, which gives you permanent residence. And then you can work toward citizenship.

Right. You can apply for a green card immediately upon the marriage, which gives you permanent residence. And then you can work toward citizenship.

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My fiance is permenant resident already. When we get married how does she become a us citizen.

If I am a married illegal but seperated from husband due to abruse can I still become a citizen.

I need 3 different software programs that would apply to teaching law and justice.

How long do I let the stain dry for before I apply polyurithain.

How long do you have to live with someone to be commn law married.

I married whit someone that was born in the us how do I have to wait to become a citizen.

When quantity restrictions apply how long before new order.

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