What Are the Requirements for Naturalization if You Are Married to a U.S. Citizen?

6 Key Requirements for Spouses of U.S. Citizens Who Are Applying for Naturalization

Becoming a naturalized citizen of the United States can allow you to vote, access federal benefits, and remain in the country permanently, and it’s the final step in many immigrants’ journeys. Being the spouse of a U.S. citizen can make this process easier, but there are still several requirements that must be met before you can apply for naturalization. How long you’ve been married, how much time you’ve spent in the United States, and your background can all impact whether your application is approved. At Gilliam Law, we help clients in Chicago and the surrounding areas understand the requirements for naturalization and guide them through the process from start to finish. Learn more about the basic requirements below.

1. Meet Age and Status Requirements

The two most basic requirements for naturalization are being at least 18 years old and having lawful permanent resident status when you file your application. If you haven’t yet received your Green Card or are a minor, naturalization isn’t an option. However, a family immigration attorney can help you determine any other options and give you a plan for how to apply for naturalization when the time comes. 

2. Be Married for at Least 3 Years

You must have been married for at least three full years before you can apply for naturalization. The U.S. Citizenship and Immigration Services office requires that you be “living in marital union” for the entire three years before your application is filed. In most cases, this requires the couple actually to reside together in the same home. For example, if you have been married for four years, but your spouse worked in a different state for the last year while you stayed in Illinois, your situation would not meet this qualification.

There are a few exceptions where it may be possible to show documentation that you live in marital union even if you aren’t in the same location. If you’re not sure if you meet the requirements or if you might be eligible for an exception, a qualified immigration attorney can provide more information. 

3. Stay Married Until the Naturalization Process Is Complete

It can take several months for your naturalization application to be processed. While the U.S. Citizenship and Immigration Services office doesn’t require a married couple to continue living in the same residence during this time, it does require that they stay married until the applicant takes the Oath of Allegiance, which is the final step in becoming a naturalized citizen. 

If you have applied for naturalization and your marriage is in trouble, it is critical to talk to an immigration attorney about how a divorce or legal separation may impact your immigration standing. Sometimes, you can live separately while maintaining the legal marriage until after the Oath of Allegiance. 

4. Maintain 3 Years of Continuous Residence in the United States

Before you can apply for naturalization, you must have been a lawful permanent resident of the United States and maintained a continuous residency there for at least the three years immediately before you file your application. Continuous residence for this purpose means that you have maintained a “permanent dwelling place” within the country. 

This does not mean you must have been physically present in the country for the last three years. However, applicants for naturalization must have been physically present in the United States for at least 18 months of the previous three years. This does not have to be continuous. For example, if you were in the country for 2 years, left for 9 months, and have been back for three months, that would meet the requirements for physical presence.

There are some provisions made for those who need to leave the United States for more extended periods of time if it is for specific reasons, such as employment. If you believe that you are going to need to be out of the country before applying for naturalization, talk to an attorney about your options. 

5. Demonstrate Basic English Fluency and Knowledge of U.S. Civics

Before you can become a naturalized citizen, you must show that you have at least a basic English proficiency with words in ordinary usage. This includes reading, writing, and speaking. You must also pass the U.S. civics test to demonstrate sufficient knowledge of U.S. government and history.

The English portion is generally tested during your interview with the immigration officer just by naturally carrying on a conversation and answering their questions. For the civics test, the officer will ask you 10 out of a list of 100 questions. You must answer at least six of these correctly to pass.

6. Be of Good Moral Character

Good moral character generally means that you have not engaged in any criminal conduct and that you are prepared to be an upstanding citizen who is able to contribute to the greater good of the country. For the purposes of naturalization, the government will mainly be looking at the five years prior to when you submitted your application for naturalization, but prior conduct can also be a factor. 

Becoming a naturalized citizen can open exciting opportunities and is a dream for many immigrants. However, the requirements are strict, and having an immigration attorney help you with the process can make it easier to understand and increase your chances of being approved. If you have questions about what’s required to be a naturalized citizen, contact the team at Gilliam Law by calling 866-511-3422.