Can Citizenship Come Through Marriage?
By Tiffany U. Vivo, Esq.
Many marriages lead to citizenship. But there are legal and practical matters to consider. An immigration lawyer can advise you on how your marriage and citizenship of a newlywed impact each other.
Consider these facts. More than 450,000 U.S. citizens each year marry foreign-born individuals and petition for them to become permanent U.S. residents. Before you consider marriage as a path to citizenship, consider these two important questions, which can impact your citizenship process:
- The immigrant’s situation needs to be determined. Where does the immigrant live now and did they arrive legally. Many couples make the mistake of entering the U.S. in one non-marriage status, but then attempt to marry. That can delay or even jeopardize the immigrants chances of obtaining citizenship.
- What is the U.S. fiancé’s status? Is that person living in the U.S. or abroad. Is he a citizen or permanent resident?
Whatever your situation, be prepared for a long wait. It can take four months or longer to get a fiancé visa and another year to attain a U.S. green card, if you are a U.S. citizen and your fiancé is living abroad. Each type of visa application involves several stages, each of which takes time. Those stages include applications, medical examinations, fingerprinting, and various approvals.
The fiancé visa and the marriage visa are very different. To meet the criteria for a fiancé visa, the immigrant must:
Intend to marry a U.S. citizen
Have met the citizen in person within the last two years, and
Be legally able to marry
The marriage-based visa requires the immigrant to be:
Legally married to a U.S. citizen or permanent resident
Not married to someone else at the same time, and
Not married to someone who has another wife or husband
You will need evidence to prove each of these elements. For example, legal marriage can be proven by providing a copy of your marriage certificate. If you were married outside of the U.S., the USCIS requires that the certificate come from a government office. Most importantly, immigration officers are looking to decide whether the marriage is a “bona-fide” marriage.
Obtaining immigration status through marriage is one of the easiest methods to enter the United States. Consequently, immigration officers are often skeptical in considering whether a marriage is bona fide. This determination, however, is critical. If an immigration officer decides that the marriage is a “sham” marriage, the foreign spouse will forever be barred from re-entering the United States. Thus, it is important to consult with a knowledgeable immigration attorney.
If you or someone you know is in need of an immigration attorney, please contact us for help.
Tiffany U. Vivo is an Indianapolis immigration lawyer. She also practices family law. Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois. She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).
