The Path to US Citizenship through Marriage

Many couples have the mistaken impression that once she gets her visa, or she marries a US citizen, she automatically becomes a US Citizen.

After the visa has been approved and after the wedding has taken place, she is now on the ‘Path’ to US Citizenship.

US Citizenship is neither automatic nor immediate.

This is how it works.

After she gets her K1 Fiancée visa or CR1 Spouse visa, she comes to the USA.

If traveling as a K1 Fiancée, she marries her American, and then applies for a Green Card. This is called Adjustment of Status.

If already married overseas, she travels as a CR1 spouse. She is already approved for the Green Card, but still must submit a simple request for it after she arrives in the USA. She should get her Green Card in the mail a month later.

The Green Card is a small photo ID card, about the size of a driver’s license.  This proves she is legally allowed to remain in the USA, to work her and is also allowed to leave and reenter the USA. Her official status is one of Legal Permanent Resident (LPR).

In most cases, the marriage is under 2 years old. This means she will only be granted a ‘Conditional’ Green Card. It expires in two years.  The ‘condition’ that must be met, is that just before the two years are up, she and her husband, must apply again to USCIS, and attend an interview together. At the interview they demonstrate they are still married and together, showing the marriage was real, not some kind of fraud for immigration purposes.

Once the interview is passed, she is provided a new Permanent Green Card, without any conditions.

By this time, she and her husband have lived together in the USA for 2 years.  After one more year (a total of 3 years married while resident in the USA) if they are still together, she is eligible to apply for US Citizenship.

She applies to USCIS, studies a brief handbook of facts about US Government and History, and passes a short test.  Once she passes, within a few months she will be sworn in as a US Citizen.

As a US Citizen, she will have the right to vote, to apply for a US passport, and she can sponsor relatives and family members to immigrate to the US.

 

 

Disclaimer: Filipina Fiancée Visa Service is not associated with any government agency. Our services include everything you need to get your visa and/or green card, but does not include legal services, legal advice or legal representation of any kind. Filipina Fiancée Visa Service is not a law firm and is not licensed to practice law in any state. Neither Filipina Fiancée Visa Service nor its employees claim to have any special knowledge of immigration law and do not give legal advice. Time estimates, which are printed on our website or given over the phone, are just that, estimates, and we do not guarantee that you will have the same results. We have done our very best to give you accurate and realistic time estimates, but there are many factors involved which are beyond our control, so processing times will vary, and we make no guarantee that you will have your visa in a certain amount of time.