If you entered the U.S. through marriage immigration or on a K-1 fiancé(e) visa, becoming a U.S. citizen through naturalization is the next important step after obtaining a green card. The process of naturalization allows you to apply for U.S. citizenship, but the timeline and requirements depend on your specific immigration path. Here’s a breakdown of when you’re eligible to apply and what the process entails.

Eligibility for Naturalization Through Marriage Immigration

If you received a green card through marriage to a U.S. citizen, you may be eligible for naturalization after three years of permanent residency, provided you meet the following criteria:

• Three Years of Permanent Residency: You must have been a lawful permanent resident (green card holder) for at least three years. This period begins on the date USCIS approves your green card application, not the date of your marriage.
• Ongoing Marriage to a U.S. Citizen: You must still be married to the U.S. citizen spouse at the time of applying for naturalization. If you and your spouse are no longer together, the three-year requirement will no longer apply, and you will have to wait the full five years to apply for citizenship instead. Additionally, your spouse must have been a U.S. Citizen for the entirety of those three years.
• Living in Marital Union: You must have been living in marital union with your U.S. citizen spouse for the entire three-year period. This means you and your spouse must have shared a home and household during that time, which USCIS may ask you to prove.

Aside from the marriage-related requirements, you must also meet the general qualifications for naturalization, including:

• At Least 18 Years Old.
• Good Moral Character: You must demonstrate that you have been law-abiding and have no serious criminal history.
• Continuous Residence and Physical Presence: You must have lived in the U.S. for at least half of the three years since becoming a permanent resident, specifically at least 181 days every single year for those three years.
• English Proficiency and Civics Knowledge: You will need to pass a test that evaluates your ability to read, write, and speak English, as well as a basic civics exam covering U.S. history and government. This qualification can be waived under certain circumstances, particularly when the applicant has a disability that does not allow them to meet the aforementioned criteria.

Eligibility for Naturalization Through K-1 Visa

If you entered the U.S. on a K-1 fiancé(e) visa, the timeline for naturalization differs slightly:

• Marriage Requirement: You must marry your U.S. citizen fiancé(e) within 90 days of entering the U.S. on the K-1 visa. Failure to marry within this timeframe will result in the loss of your legal status, so it’s crucial to marry promptly.
• Adjusting Status to Permanent Resident: After marriage, you’ll need to apply for a green card through Adjustment of Status (AOS). Once your green card is approved, you’ll become a lawful permanent resident.
• Wait Time for Naturalization: After receiving your green card, the standard wait time for naturalization is five years for most green card holders. However, if you’re still married to your U.S. citizen spouse, you can apply for naturalization after three years of being a permanent resident, just like those who immigrate through marriage. If you’re not married or the marriage ends before the three-year period, you’ll need to wait the full five years before becoming eligible for naturalization.

The Naturalization Process

Once you meet the eligibility requirements, the process of applying for naturalization generally follows these steps:

1. Filing Form N-400: The first step is to complete and submit Form N-400, Application for Naturalization. This form asks for information about your background, residence, and travel history.
2. Biometrics Appointment: After submitting your N-400, USCIS will schedule a biometrics appointment to take your fingerprints and conduct a background check.
3. Naturalization Interview: Once your application is processed, you’ll be scheduled for an interview with a USCIS officer. During the interview, you will be asked questions about your application and background. You will also take the English language test (reading, writing, speaking) and the civics test (covering U.S. history and government).
4. Oath of Allegiance: If you pass the interview and tests, USCIS will schedule you for an Oath of Allegianceceremony, where you will officially become a U.S. citizen.

Key Takeaways

• Marriage-Based Immigrants: Eligible for naturalization after 3 years if still married to a U.S. citizen and living in marital union; otherwise, it’s 5 years.
• K-1 Visa Immigrants: Eligible for naturalization after 3 years of permanent residency if married to a U.S. citizen; otherwise, it’s 5 years.

At Rokas Law Office PLLC, we specialize in helping clients navigate marriage-based and fiancé(e) visa immigration processes. If you’re ready to take the next step toward U.S. citizenship, contact us today for expert guidance.