Introduction

The process of obtaining US citizenship after marrying a US citizen is a common topic of inquiry among those living in the United States on student visas. While the primary goal is often to secure a green card, many also ask about the possibility of obtaining dual citizenship. In this article, we will explore the legalities and steps involved in this process, as well as dispelling some common misconceptions.

Can You Get Dual Citizenship?

It is important to understand that the United States does not automatically provide dual citizenship to anyone, irrespective of their marital status. However, holding a US green card allows you to apply for citizenship after a certain period of residency. Here’s a detailed breakdown:

1. Green Card and Long-term Residency

One of the first steps is obtaining a green card through your marriage to a US citizen. The process typically involves:

Applying for Adjustment of Status: After the USC (United States Citizenship and Immigration Services) approves your spouse's petition for a marriage-based petition, you will need to apply for adjustment of status within 90 days to obtain a green card. Biometric Orientation: This is a mandatory step for those applying for a green card. Passing Background Checks: This ensures that you do not pose a threat to national security or public safety. Paying Application and Fees: There are specific application and biometric fees that come with the application process.

Having a green card generally enables you to live and work legally in the US but does not immediately confer US citizenship. However, after a certain period of residency, you may be eligible to apply for citizenship.

2. Applying for US Citizenship

To become a US citizen, after holding a green card for a minimum of 3 years, you must:

Pass the US Citizenship Test: This test evaluates your knowledge of US history, government, and civics. Pass the English Proficiency Test: You must prove your ability to speak and write in English. Live Inside the US For a Certain Period: You must be present in US for at least 3 out of the 5 years before your naturalization interview. Pass a Fingerprinting and Background Check: Your fingerprints will be taken, and your background will be checked.

Once you are eligible, you can submit your application and appear for the naturalization ceremony, where your oath of allegiance to the United States will be administered.

3. Common Misconceptions

There are a few common misconceptions regarding dual citizenship and marriage to a US citizen. Here are some facts:

Misconception 1: Dual Citizenship is Automatic

Although some countries automatically grant dual citizenship to their citizens who marry a foreign national, the United States does not. Dual citizenship is acquired only if the other country allows it and you apply for it.

Misconception 2: Sham Marriages are Common to Cheat the System

Sham marriages do occur, and the US authorities are vigilant about preventing such cases. They have various measures in place, such as mandatory interviews with both spouses and extended follow-up checks to ensure that the marriage is genuine.

Misconception 3: Green Card Denomination

Your green card does not have a denomination or classification based on the length of your marriage to a US citizen. The classification is based on your status as a conditional resident. However, after two years of marriage, the resident may apply to remove the conditions, which simplifies the path to citizenship.

Conclusion

Marrying a US citizen can open doors to permanent legal residency and eventual citizenship, but it does not automatically lead to dual citizenship. Understanding the steps and requirements for these processes is crucial. If you have further questions or need assistance, consulting with an experienced immigration attorney can provide valuable guidance.