Now that you are married and have a marriage-based green card, you may be wondering when you can apply for U.S. citizenship. If your spouse is a U.S. citizen, you can apply for citizenship not too long after you get your green card. The wait time will be longer if your spouse is a lawful permanent resident rather than a U.S. citizen.
The Timeline of U.S. Citizenship After Marriage
Once you attain status as a lawful permanent resident of the U.S., you can apply for U.S. citizenship after three years as long as you remain married and reside with your U.S. citizen spouse. You can even submit your application as soon as 90 days before you hit the three-year mark. You can also submit your application even if your I-751 petition to remove conditions on residence is still pending. Other applicants must have permanent resident status for at least five years before they become eligible for citizenship.
Once you are eligible for citizenship, you will need to submit the proper paperwork to apply for naturalization, which is the term used to describe the process of becoming a U.S. citizen. Once documents are filed, you will receive a receipt showing your case is pending and will soon be scheduled for an interview. At the interview, the office will review your application and conduct the English and civics exams, unless you qualify for an exemption to the exams. Applicants who receive approval are then scheduled for a naturalization ceremony where they take an oath of allegiance to the United States. After receipt of your naturalization certificate, an applicant can apply for a U.S. passport and register to vote.
U.S. Citizenship Requirements for Married Permanent Residents
To become a U.S. citizen after marriage, you must meet several requirements. You must:
- Be 18 years or older
- Be a permanent resident (green card holder) of the U.S. for at least 3 years
- Have lived within the state in which you are applying for at least 3 months
- Have been living in “marital union” with a U.S. citizen spouse for at least 3 years
- Have had “continuous residence” in the U.S. for at least 3 years
- Be physically present in the U.S. for at least 18 months out the previous 3 years
- Pass an English test and U.S. history and government test
- Demonstrate “good moral character” for the past 3 years
If you meet all these requirements, talk to an immigration attorney now to ensure you understand how to properly submit documentation and application fees and how to succeed during the interview process. Planning ahead will save you time and stress in the future.
Contact an Immigration Attorney for Help with U.S. Citizenship After Marriage
While three years seems like plenty of time to figure out how to prepare your U.S. naturalization application after getting a green card through marriage, it is important to take the right steps and start planning now.
If you are unsure when you can apply for citizenship after getting a green card through marriage, want help demonstrating your eligibility, or have other immigration questions, contact an experienced immigration attorney at The Law Offices of Robert M. Bell, P.A. We are happy to help address your concerns and will fight to help you achieve U.S. citizenship after marriage. To speak with our team, contact us at (954) 241-4209.
You can apply for British citizenship by ‘naturalisation’ if you:
- are 18 or over
- are married to, or in a civil partnership with, someone who is a British citizen
- have lived in the UK for at least 3 years before the date of your application
You can apply as soon as you have one of the following:
- indefinite leave to remain (ILR) in the UK
- ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
- indefinite leave to enter the UK (permission to move to the UK permanently from abroad)
You must also:
- prove you were in the UK exactly 3 years before the day the Home Office receives your application
- prove your knowledge of English, Welsh or Scottish Gaelic
- show you’ve passed the life in the UK test
- be of good character - read the naturalisation guidance
Residency requirements
You must have lived in the UK for at least 3 years before the date of your application.
You cannot include any time spent in the UK when you’re exempt from immigration control as a:
- diplomat
- member of a diplomat’s staff or household
- member of visiting armed forces
You also should not have broken any UK immigration laws.
If you have indefinite leave to enter or remain, the Home Office will not usually check if you broke any immigration laws before then.
Time you’ve spent outside the UK
To be eligible, you should not have:
- spent more than 270 days outside the UK during the 3 years before your application
- spent more than 90 days outside the UK in the last 12 months
You may be exempt from the residency requirements if your partner works abroad either for the UK government or an organisation closely linked to government.
When to apply
You must have been physically present in the UK exactly 3 years before the Home Office receives your application.
Your application may be rejected if you were not in the UK exactly 3 years before the Home Office received it. This depends on the reason why you were not in the UK.
The Home Office will consider if there are special circumstances, for example:
you were not able to live in the UK at the start of the 3 year period because of health reasons or travel restrictions
you were told to leave the UK during the 3 years but this decision was later overturned
Example
If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2019 and returned to the UK on 25 June 2019, you will not qualify. You’ll need to wait until 24 June 2022 to apply.
The date the Home Office receives your application depends on how you apply. If you apply online, your application will be received on the same day. It will take longer if you apply by post.
How much it costs
It costs £1,330 to apply.
How long it takes
You’ll usually get a decision within 6 months - some applications can take longer.
Children under 18
Your child is usually automatically a British citizen if they were born in the UK and their other parent was a British citizen.
Check if there are other ways your child is eligible for British citizenship.
If your partner has died
You cannot apply for citizenship as the partner of a British citizen if your partner has died. Check if you’re eligible another way - for example if you have indefinite leave to remain in the UK.