Naturalization through marriage is a straightforward way of becoming a U.S. citizen. It allows you to experience life in the United States fully and gives you new rights, opportunities, and protections, such as protection from deportation.

The process of applying for naturalization for green card holders married to U.S. citizens is supervised by the United States Citizenship and Immigration Services (USCIS). You may apply for naturalization three years after being married. That is if you meet the eligibility criteria. Other green card holders not married to U.S. citizens must wait five years before applying.

You can only obtain your dream of becoming a U.S. citizen if you follow the procedure carefully and fill in the correct information. You want to hire an immigration attorney to help you go through the naturalization process smoothly. This step-by-step guide will help you understand how to become a U.S. citizen through marriage.

  1. Meeting Eligibility Requirements

To begin your journey toward U.S. citizenship through marriage, you must first ensure you meet the eligibility requirements. They include the following:

Duration of Green Card Status

You must have been a lawful permanent resident of the U.S. (holder of a green card) for at least three years before applying. You should ensure your green card is valid because the USCIS will not accept applications with an expired green card.

Marital Union

You must have been married to and cohabited with your U.S. citizen spouse for the last three years from the date of your naturalization application. When you are married legally, USCIS asks for proof of the marriage's authenticity, including joint bank statements, receipts for rent paid, and your marriage certificate.

Any interference in your cohabitation due to work or school should be explained with supporting documentation.

Residency Requirements

To qualify for U.S. citizenship, you must have lived in the country continuously for at least 3 years before applying. You also must have been physically present in the U.S. for 18 months within the last 3 years. You should avoid making trips outside the country for more than 6 months, as your continuous residency will be interrupted.

You should also keep records of the dates of your travel. The USCIS scrutinizes your travel history. Therefore, you should provide accurate information about your entry and departure from the country.

Good Moral Character

U.S. citizenship applicants must show that they possess good moral character requirements set by USCIS. These include avoiding immigration violations or serious criminal offenses, paying taxes, and obeying the country's laws.

The USCIS will check your criminal background and records of tax compliance. You could be disqualified if you have a record of committing severe criminal activities, fraud, or being dishonest while applying for citizenship. Minor violations like traffic tickets do not bar you from being a U.S. citizen. However, they have to be reported on Form-400.

English and Civics Knowledge

You should be able to read, write, and speak elementary English. You must also take a civics test to prove you know the U.S. government, history, and foundation principles well. USCIS provides official study materials on its website. However, people with medical disabilities may be exempt from these tests.

Form N-400 and Fees

To initiate the process, you must fill out Form N-400 and pay the filing fee of $760. If you meet the financial hardship requirement, you may file Form 1-912 and relevant documentation to show you cannot pay the fee.

  1. Preparing Your Form N-400

Form N-400 is the document you fill out to apply for naturalization formally. This form must be filled out correctly to ensure it will not cause delay or denial. The following is a step-by-step guide to completing Form N-400:

Download the Form and Instructions

The form N-400 and the instructions for filling it out can be downloaded from the official USCIS website. The most recent version of the form is also available on the website. The website offers basic filing information, like where to file, the fee to pay, and the latest on how to fill out each part. Do not use previous versions of the form, as the USCIS will not accept them.

Gather Your Personal Information

You will need to provide comprehensive details about your identity, including:

  • Your complete name. Your name should be on your ID, green card, or passport. You should not indicate any alias, as it may lead to disqualification.
  • Your alien registration number (A-Number)
  • Whether you are married, and if so, whether you are cohabiting with your spouse. If you have been divorced and are no longer married, you must wait five years to apply for naturalization. Therefore, indicating your marital status is essential.
  • You should indicate your employment history for the last three years, if any.
  • You should also indicate all travel outside the United States in the last three years, including departure and return dates.

When filling out these details, you must be careful because a mismatch could slow the process or cancel your application.

Include Information about Your Spouse

Because you are applying for U.S. citizenship through marriage, you must provide details of your U.S. citizen spouse. This includes:

  • Your spouse’s full name as it appears in their government ID or passport. Alias names will not be accepted.
  • Their date of birth.
  • Please indicate the exact time they have been U.S. citizens. Either they were born in the U.S. (you should attach their birth certificate), or they immigrated to the country and have been there for over 5 years. You should also indicate their naturalization certificate number if they became U.S. citizens by naturalization.
  • Any proof of your marriage should be attached to the form, such as a marriage certificate or conjugal financial records. This way, the USCIS can check whether you qualify to be in the United States under the marriage-based category.

Disclose Legal History

You must answer the questions about your legal and immigration history, including any:

  • Criminal records and charges
  • Debts related to taxes or those that are outstanding.
  • Any contact with the immigration department in the past, including a refusal to issue a visa or deportation orders.
  • Honesty is non-negotiable. You are responsible for indicating any problems you have encountered and providing accurate information. Your application could be rejected or face legal consequences if it is dishonest.

Indicate language and Disability (Where Applicable)

Write down if you qualify for the English language exemption based on age and residency, for example, the 50/20 rule. Also, if you need special arrangements for a disability, such as extra time for the civics tests, you should record this. The USCIS provides options to ensure accessibility for all applicants.

Paying the Filing Fee

The application fee for Form N-400 is $760. However, if you qualify for a financial hardship, you may file a fee waiver using Form 1-912. You should attach supporting documents, such as proof of receipt of public benefits. You could attach your income receipt at or below 125% of the federal poverty level.

Double Check for Accuracy

If not filed correctly, Form N-400 can take longer to process, or you could suffer outright rejection of your application. You should read through every section carefully to ensure all the information, including names and dates, is complete and accurate.

Seek Legal Guidance

You should seek the guidance of an immigration attorney with several years of practice. They can look at your form, assist in collecting relevant documents, and dispute potential issues. When you engage an attorney, your application process will be done correctly. You also stand a good chance of having your application approved.

  1. Submitting Your Application

Make sure that your Form N-400 is appropriately filled and signed and the date is stamped. The applications must be accompanied by all necessary documents and the correct filing fee of $760.

You can also apply online through the USCIS website, where you can upload your photos and other documents. You can also track your application to determine the date and time for different steps of the naturalization process.

If filing by mail, ensure your documents are well arranged. You should also ensure you send the package through a carrier offering tracking services. You will receive a receipt notice (Form 1-797C) indicating that the USCIS has received your application. Keep this notice safe, as it bears your case number for reference.

  1. Attending Your Biometric Appointment

After receiving your application, the USCIS will book you for a biometrics appointment and send an appointment notice. To proceed with the appointment, you must present the appointment notice. You should also present a valid photo ID, such as a green card, passport, or driver’s license.

During the appointment, the USCIS will take your fingerprints, photograph, and signature. This information will help them do a background check on you. Failure to attend this appointment could delay your application or completely stop it. However, you can always reschedule. Once you are done with your biometric appointment, the USCIS will forward your file to the interview stage.

  1. Going to the Interview (English and Civics Tests)

The interview is essential to your assimilation into becoming a naturalized citizen. After scheduling your interview, you will receive a notice indicating the date, time, and place of your interview. Be punctual and ensure you carry your green card, appointment notice, passport, and other documents required by the USCIS.

The USCIS officer will review your files during the interview and ask about your visa qualifications. They may also ask you for details about your marriage, residence, and moral character. You should be sincere and give correct answers. You may also be required to produce further evidence before a decision is reached for your case.

You must answer questions on the English and Civics tests unless you qualify for an exemption. The English test checks your reading, writing, and speaking skills.

The civics test is all about asking you questions about U.S. history and government. You must obtain 7 out of 10 correct answers to pass these tests. Reading material to prepare for these tests is available on the USCIS website.

If the interview and tests are successful, the USCIS officer will approve your application instantly. However, some cases may take time to be approved. You will then proceed to the last step of the naturalization process.

  1. Taking the Oath of Allegiance

The Oath of Allegiance is the last stage of a naturalization process. After the USCIS approves your application, the agency will arrange a naturalization ceremony for you.

Ceremony notice (Form N-445) and Preparation

You will be given Form N-445 (Notice of Naturalization Oath Ceremony) indicating the ceremony's time, date, and place. Arrive on time and bring the following:

  • Your valid green card
  • A completed questionnaire, which is at the back of Form N-445.
  • Any other supporting document

During the ceremony

  • You should return your green card to the USCIS.
  • Take the Oath of Allegiance, which includes renouncing your loyalty to other countries. You will also pledge to support the U.S. Constitution and laws.

Once you complete the Oath of Allegiance, you will be awarded the Naturalization Certificate. This document is evidence that you are now a citizen of the U.S., so you should keep it safe.

After the ceremony, with your new citizenship, you can:

  • Apply for a U.S. passport
  • Register to vote
  • Update your social security record

Find an Orange County Immigration Attorney Near Me

Naturalization through marriage is a significant milestone. It provides stability, protection, and a chance to fully engage in life in the U.S. Following the naturalization steps carefully and paying attention to details ensures a smooth process.

However, you should consult an immigration attorney. Your lawyer will help you avoid mistakes that could delay or lead to the rejection of your application. If you are in the Orange County area and want to begin this journey of becoming a U.S. citizen, contact the Orange County Immigration Attorney at 714-909-0426 for assistance with your naturalization process.