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Home » US for Indians » US Embassy in India »US Citizenship »US Naturalization and Citizenship » US Citizenship by Marriage

US Citizenship by Marriage

More than 400,000 US Citizens marry foreigners and appeal for them to acquire permanent home in the US. If a person obtains US Citizenship by Marriage, he or she is considered as an “immediate relative” to the person, under the immigration laws and is not liable to any statistical quota restriction. In fact, marriage to a US citizen is the first step towards acquiring US Citizenship by Marriage, although marriage to a permanent dweller of US is very knotty and time and again results in newly-married couples living separately for several years. Buffeted spouses and children of any US citizen and legal permanent dwellers of the US are permitted to particular benefits under the ruling. A US citizen can also acquire a short-term visa for his or her fiancée and can get married after his or her arrival in the US.

If the marriage takes place in the US, the US citizen must first submit an appeal for the visa to suit CIS Service Center to establish that the marriage is going to occur due to love rather than obtaining the US Citizenship by Marriage. To the visa petition, the following items are to be attached:


1)Biographical forms
2)Proof of the status of the US citizenship of the petitioner(A licensed copy of the US citizen's birth certificate, U.S. Passport, a Certificate of Naturalization or Citizenship)
3)A licensed copy of the marriage certificate
4)Licensed copies of the papers that concluded any preceding marriage including final divorce orders and death or cancellation certificates
The spouse, who is not a US citizen, presuming that he or she got in the US legitimately, at the same time should submit an application for the modification of status which is a green card application,. The form should accompany the following items:

1)Green card photographs
2)A sworn statement of affirmation from the spouse
3)An application for employment approval
4)A submission for a travel permit (“advanced parole”)
5)Numerous other CIS forms along with the CIS filing charges.
The CIS will acknowledge the applications, cash in your check and plan an interview within 6 to 12 months.

If the marriage takes place outside US, the procedure to be followed was the same, excluding the fact that the foreign-born spouse had to stay in his or her country until he or she acquired the US Citizenship by Marriage. This law was modified on the 14h of August in 2001, with the availability of the K-3and K-4 visas which permitted the spouse and the children of the US citizens to acquire short-term visas to go to to the US and do the necessary formalities in the US. Detailed information regarding this is contained in the official website of the US State Department. The procedure is similar to that regarding the marriage which occurs in the US and starts with the submission of the visa petition along with the CIS filing charges. After the approval of the visa petition, the foreign-born partner receives a packet from Portsmouth’s National Visa Center which carries information on the different documents that needs to be delivered at the immigrant visa interview including specific papers requesting a completed biographic data to be sent on to the Consulate or US Embassy. An immigrant visa is obtained by the foreign-born partner within 3 to 6 months against a charge of $ 335. For avoiding a longer separation period, the spouses can go back to the US after their wedding and continue the necessary procedures there. The US Citizenship by Marriage expires after two years time. So for removing the two-year provision within a time period of 90 days, a joint petition should be submitted by both the partners in marriage prior to the termination of the two year duration.

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