Marriage and U.S. Citizenship

Every nation holds its own unique cultural and legal conceptions concerning marriage. One of the major issues surrounding this institution as it relates to today’s global society is that of citizenship, since more international couples are getting married than ever before.

United States law sees the spouse of a citizen as an immediate relative, meaning that he or she is entitled to certain rights and privileges, and is not subject to any quota laws of immigration. However, a marriage certificate, especially one from another country, does not automatically translate into citizenship or even a green card status (that of a resident of the U.S.).

The first step in obtaining permanent residency for a foreign citizen if the marriage occurs within the U.S. is to fill out what is known as an I-130, or a visa petition. This form is intended to establish that the marriage was carried out in earnest – in other words, not simply to provide the foreign person with residency. The completed I-130 form is submitted to the United States Citizenship and Immigration Service.

After this step, the petitioning couple will need to fill out and submit another important document, the I-551 Alien Registration Receipt Card. After being approved, the person seeking citizenship must live in the U.S. for three years and keep a clean criminal record. After this time, he or she can register to take the exam for U.S. citizenship, which will cover both U.S. history and the English language.

Contact Us

For more information on international marriages and how they can affect you or your spouse’s legal citizenship status, contact the experienced San Jose family law attorneys of the Law Office of Daniel Jensen, P.C. today by calling 408-296-4100.