Anaya Nolan
Marrying a US citizen does not automatically grant US citizenship. While it can speed up the process, you will still need to apply for a green card and meet specific requirements before becoming eligible for citizenship. Divorce may make it harder to become a permanent resident, but it is still possible. You must show that you married in good faith, meaning that you intended to live together as spouses when you married. If you divorce before applying for naturalization, it could affect your timeline: you may lose eligibility for the 3-year rule and have to wait 5 years instead.
| Characteristics | Values |
|---|---|
| Does marriage to a U.S. citizen grant citizenship? | No, but it makes one eligible to apply for a green card (lawful permanent residence) |
| What is required to become eligible for citizenship? | Apply for a green card and meet specific requirements |
| What are the requirements for naturalization? | Be 18 or older, be a lawful permanent resident (LPR), live in marital union with the citizen spouse for at least 3 years preceding the time of filing the naturalization application, be physically present in the U.S. for at least 18 months out of the 3 years immediately before filing the application, be able to read, write and speak English, have knowledge of U.S. history, be a person of good moral character |
| Does divorce affect naturalization? | Yes, it may affect the timeline. Divorce may make it harder to become a permanent resident but it is still possible. |
| What happens if the marriage was not in good faith? | If the marriage was not in good faith, it could be considered fraudulent, and citizenship may be denied. |
| What is the difference between divorce and separation? | Divorce is when a court legally ends a marriage. Separation usually allows a couple to remain legally married but live apart. |
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What You'll Learn
Marrying a US citizen does not grant automatic citizenship
Marrying a US citizen does not automatically grant US citizenship. While it can speed up the process, there are still several steps and requirements to be met before becoming eligible for citizenship.
Firstly, marriage to a US citizen makes a person eligible to apply for a green card (lawful permanent residence). To obtain a green card, the US citizen spouse must sponsor their partner by filing Form I-130 (Petition for Alien Relative) to prove the marriage is genuine. The spouse of a US citizen may then be eligible for naturalization, but they must have continuously resided in the US and have lived in marital union with their US spouse for at least three years immediately preceding the date of filing the naturalization application. They must also be over the age of 18, be able to read, write and speak English, and have knowledge of US history and government fundamentals.
If a couple divorces before the non-citizen spouse applies for naturalization, it could affect their timeline. The non-citizen spouse may lose eligibility for the three-year rule and have to wait five years instead. In addition, if the marriage is terminated by divorce or annulment, the non-citizen spouse is no longer eligible to naturalize as the spouse of a US citizen.
In the case of a foreign divorce, the validity of the divorce depends on the interpretation of the divorce laws of the foreign country and the reciprocity laws in the US state where the applicant remarried. If the divorce is not final under foreign law, remarriage to a US citizen is not valid for immigration purposes.
In summary, marrying a US citizen is just the first step in the process toward citizenship. It is important to consult official government sources and immigration lawyers for detailed and up-to-date guidance on the requirements and steps for obtaining US citizenship through marriage.
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Divorce may affect the time you must wait before applying for naturalization
If you are seeking naturalization as the spouse of a US citizen, you must be married at the time of naturalization. You must remain married until the oath ceremony and live with your spouse for three years before filing your application to qualify for early citizenship. Divorce will end the possibility of early citizenship after three years of marriage to a US citizen. However, you may still apply for citizenship after the standard five-year waiting period, assuming you meet the other naturalization criteria.
If you are a conditional resident and divorce before the three-year period, you will have to wait five years to apply for US citizenship. As a conditional resident, you must also file Form I-751 with a waiver to the joint filing requirement and prove that you entered the marriage in good faith. A divorce may cause US Citizenship and Immigration Services (USCIS) to examine the authenticity of your marriage. They may request additional documentation, such as leases or mortgages in both your names, to verify your marital status.
It is important to note that a divorce after a green card is issued may or may not impact your path to citizenship. It depends on your specific circumstances. If you are a permanent resident at the time of divorce, it generally does not affect your immigration status. However, a divorce increases the possibility of a review during the naturalization process, and USCIS may scrutinize your entire immigration history.
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You must prove your marriage was in good faith
To prove that a marriage was in good faith, both partners must have entered the relationship with genuine intent. In legal terms, the marriage must be "bona fide". This means that the marriage was not a "marriage of convenience", where the primary objective is to secure immigration benefits. Such marriages are referred to as "sham marriages" or "green card fraud".
USCIS does not require a particular type of evidence to prove that a marriage is in good faith. However, common types of evidence include a statement from the applicant explaining how the relationship developed, why they decided to marry their spouse, and their routines and activities as a married couple. Other types of evidence include joint financial documents, proof of shared residence, affidavits from family and friends, photographs, and correspondence.
For a common law marriage to be valid, both partners must intend to live as a married couple during their relationship. This means that both partners must have voluntarily entered into a long-term, committed, intimate relationship with the intention to take on the social and legal responsibilities of marriage. Typically, the couple must have "held themselves out" to the public as a married couple.
The exact evidence required to prove a common law marriage will depend on the state's laws. However, some examples of evidence that may help to prove a valid common law marriage include an agreement or other official documents signed by both partners declaring their intention to marry, joint financial documents, proof of shared residence, and birth certificates of any children the couple has together.
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Divorce law varies from state to state
In the United States, marriage and divorce fall under the jurisdiction of state governments, and there are notable differences in divorce laws across states. Divorce laws can vary from state to state in terms of the grounds for divorce, the process of divorce, and the distribution of assets, debts, and spousal support.
Firstly, the grounds for divorce may differ between states. For example, some states may require couples to undergo counselling or mediation before granting a divorce, while others may not. Additionally, there are two basic approaches to divorce: fault-based and no-fault. The specific criteria for each of these categories may vary depending on the state.
Secondly, the process of divorce can vary significantly between states. For instance, the mandatory waiting period, or "cooling-off" period, before a divorce is finalized can differ greatly. California has the longest cooling-off period of six months, during which time reconciliation is encouraged. The length of time it takes for a divorce case to be resolved can range from a few months to a few years, depending on the state and the complexity of the case. Most states do not permit individuals to serve their own papers in a contested divorce, but self-service may be possible for uncontested divorce papers.
Thirdly, the distribution of assets, debts, and spousal support (alimony) can be divided differently depending on the state. States primarily follow either a community property system or an equitable distribution system. In community property states, there is a presumption that community assets will be divided equally between the spouses. These states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. On the other hand, equitable distribution states presume that fairness may dictate that more or less than half of the assets will be awarded to each spouse. This determination is made based on various factors, such as the individual circumstances of the spouses and any prenuptial agreements. Alimony terms are frequently subject to litigation, with 80% of divorce cases involving requests for modification of alimony. The specific guidelines for alimony amounts and duration can vary greatly from state to state, with some states moving away from permanent alimony awards.
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Marriage to a US citizen can help you get a green card faster
Firstly, the US citizen spouse must file Form I-130, which is a petition for an alien relative. This form establishes the existence of a qualifying relationship with the non-citizen spouse. The non-citizen spouse must also submit supporting documentation, such as a marriage certificate, to prove the authenticity of the marriage.
Secondly, the non-citizen spouse must file Form I-485, which is the actual application for a green card. This form is used to adjust their status to that of a permanent resident. The I-485 form can be filed concurrently with the I-130 form, which can expedite the process.
Thirdly, after obtaining the marriage-based green card, the non-citizen spouse can apply for naturalization (US citizenship) after three years of continuous residence as a permanent resident. This is a faster route to citizenship compared to the usual five-year requirement for other green card holders.
It is important to note that the marriage must be bona fide and not entered solely for immigration purposes. USCIS will re-evaluate the couple's marriage before approving the green card application. Additionally, the non-citizen spouse must meet other eligibility requirements, such as continuous residence in the United States, knowledge of English, and good moral character.
In the case of common-law marriage, the same requirements and processes generally apply. However, the specific laws and statutes of the relevant jurisdiction determine whether a common-law marriage is recognized for immigration purposes.
Overall, while marriage to a US citizen can expedite the process of obtaining a green card and, subsequently, US citizenship, it is essential to carefully follow the required procedures and provide the necessary documentation to ensure a successful application.
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Frequently asked questions
No, marriage to a US citizen does not automatically grant US citizenship. Marriage to a US citizen makes you eligible to apply for a green card, but it does not grant you citizenship automatically.
In most cases, such applicants have little or nothing to worry about. However, if you committed marriage fraud, it's a different story. You will have to wait 5 years to apply for US citizenship instead of 3 years.
You may submit documents showing that you shared a normal married life with your former spouse. This could include having a joint lease, a joint bank account, joint credit cards, or coverage under the same auto or health insurance policies.
In this case, you are ineligible to naturalize as the spouse of a US citizen.
If your divorce is not final under foreign law, remarriage to a US citizen is not valid for immigration purposes.
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