Foreign nationals who marry US citizens must first obtain residency in order to start the naturalization process.
The process to obtain US citizenship through marriage, also known as “marriage-based naturalization”, is supported by the Immigration and Nationality Act (INA), specifically in Chapter 3. It also appears in section 319( a) of the INA where it establishes that an alien who is the spouse of a US citizen and has been married to that citizen for at least three years, may be eligible to apply for naturalization based on marriage.
It is necessary to highlight that, to opt for naturalization by marriage, it is generally necessary to have permanent residence or a Green Card. Therefore, the first step would be to apply for residence through adjustment of status. If the applicant already has a Green Card, then it is necessary to meet the residence time requirements. That is, having resided in the country for at least three years as a permanent resident. Likewise, there are other requirements such as demonstrating good moral conduct, knowledge of English and civic education.
Thus, the three main eligibility criteria are as follows:
- Be legally married to your citizen spouse for at least three years
- Be legally married to your citizen spouse for at least three years
- Good moral character and basic command of the English language
The next step is the filing of Form N-400, Application for Naturalization. This must be completed and filed with the United States Citizenship and Immigration Services (USCIS). This form will collect personal information, background information, and details about the marriage.
Regarding the required documentation, in addition to Form N-400, it is necessary to present documents such as the marriage certificate, proof of citizenship of your spouse, proof of continuous residence in the United States, evidence of good moral character, among others. It is also necessary to provide photographs and pay the corresponding fees.
Subsequently, one of the most important tests, the interview and the naturalization test. Once USCIS has reviewed the application, the applicant will be scheduled for an interview with a USCIS officer. During the interview, you will be asked questions about your application, personal background, and knowledge of the English language and United States history. You will also need to take a civics test to demonstrate your knowledge of the country.
For the preparation process for this exam, Acceso Latino has a free interactive guide through the course Ciudadanízate . Module 2 "Preparing for the citizenship exam" has the complete contents to learn what is necessary and satisfactorily complete the exam. Ten questions are selected from a guide of 100 questions and the applicant must answer at least six of them correctly to pass.
Finally, a naturalization ceremony is performed in case the application is approved. In this ceremony, the new citizen takes the oath of allegiance to the United States and receives his certificate of naturalization, which officially grants him US citizenship.
