Do You Automatically Get Citizenship if You Marry an American?

There’s No Easy Way to Gain U.S. Citizenship

Have you recently tied the knot with a U.S. citizen or are planning to? If you’re wondering whether marriage to an American instantly grants you U.S. citizenship, the answer is no. However, it does put you on a well-defined pathway to becoming a U.S. citizen. Alvelo Immigration Legal Solutions, PLLC, will walk you through the process, potential challenges, and key points to consider along the way. By the time we finish, you’ll have a clear understanding of how to move forward with confidence.

The Optimal Green Card Process Post-Marriage

Marrying a U.S. Citizen as a Pathway to a Green Card

Marriage alone does not grant you citizenship or even a green card. It’s important to understand that it’s merely the starting point. To become a lawful permanent resident (green card holder), your U.S. citizen spouse must sponsor your application. This involves filing Form I-130, Petition for Alien Relative, which essentially serves as proof of your relationship.

Required Evidence for Form I-130

When filing the petition, you’ll need to provide evidence of your bona fide marriage. This means showing that your marriage is genuine and not just for immigration purposes. Documentation may include:

• Joint bank account statements
• A lease or mortgage in both your names
• Photos from family events
• Affidavits from friends or relatives confirming the validity of your relationship

Completing the Green Card Application

Once the I-130 is approved, the next step depends on your current physical location. If you’re already in the U.S. legally, you can file Form I-485 to adjust your status to that of a permanent resident. If you’re outside the U.S., you’ll need to go through consular processing, where you’ll apply for an immigrant visa at a U.S. embassy or consulate. Both processes require biometrics appointments, interviews, and fees.

Naturalization After Green Card

Citizenship Through Naturalization

After you’ve successfully obtained a green card, the next step toward U.S. citizenship is naturalization. If you are still married to and living with the same U.S. citizen spouse, you may be eligible to apply for naturalization after just 3 years as a permanent resident. Otherwise, most green card holders must wait 5 years.

Requirements for Naturalization

Before submitting Form N-400, Application for Naturalization, you’ll need to meet several criteria:

• Residency: You must have lived in the U.S. continuously for at least 3 years (or 5 years for other cases).
• Physical Presence: You must have been physically present in the U.S. for at least half of that time.
• Good Moral Character: You need to demonstrate a history of honesty and adherence to U.S. laws.
• Testing: You’ll need to pass the English language and U.S. civics tests unless exempt.

Failing to meet any of these requirements can delay or deny your citizenship application. Therefore, attention to detail during this process is essential.

Common Misconceptions

One of the biggest misconceptions is that marrying a U.S. citizen automatically makes you a U.S. citizen. While it simplifies the pathway to legal residency and citizenship, it’s not instantaneous or guaranteed. It’s also important to note that obtaining a green card and becoming a U.S. citizen are two separate processes. A green card grants you the right to live and work in the U.S. permanently, but only citizenship grants you additional rights, such as voting and holding a U.S. passport. Every step of the process, from the green card to naturalization, requires compliance with strict legal standards. Misunderstanding or skipping any of these steps can lead to delays or denials.

Potential Issues and Challenges

Marriage fraud is a serious concern for U.S. Citizenship and Immigration Services (USCIS). If the agency suspects that your marriage is not genuine — for example, if it exists solely to obtain immigration benefits — they will investigate. This might include interviews with both spouses, background checks, and scrutinizing your submitted evidence.

Consequences of Sham Marriages

Attempting to bypass the system through a sham marriage has severe legal consequences, including deportation, fines, and barring future immigration applications. For U.S. citizens involved in sham marriages, penalties may include imprisonment.

Bona Fide Marriage Is Key

To avoid issues, focus on demonstrating the authenticity of your relationship. Share details about your life, such as shared photos and joint financial responsibilities, to prove it’s a genuine and committed partnership.

How Alvelo Immigration Legal Solutions Can Help

Navigating the pathway to citizenship through marriage can feel overwhelming, but you don’t have to do it alone. At Alvelo Immigration Legal Solutions, PLLC, we’re skilled in helping couples like you achieve their immigration goals.

Services We Offer

• Eligibility Assessment: We’ll examine your specific circumstances to ensure you meet the criteria for each step of the process.
• Application Preparation and Submission: From Form I-130 to Form N-400, we’ll help you complete and submit all necessary forms accurately and on time.
• Interview Preparation: We’ll guide you through what to expect during USCIS interviews and help you gather additional supporting evidence if needed.
• Resolving Complex Issues: Facing obstacles like prior immigration violations or advanced scrutiny? We’ll work to resolve these challenges effectively.

Why Choose Alvelo Immigration Legal Solutions

Our compassionate and knowledgeable team is committed to turning what may seem like a daunting process into a seamless experience. We provide personalized guidance every step of the way so you can move forward with confidence. Contact us today to take the next step toward your American dream.