Can a Non-US Citizen Spouse Become a US Citizen if Their Partner Has a Green Card?
The path to US citizenship through marriage is quite complex and varies depending on whether your spouse is already a US citizen or has a green card. If your partner holds a green card, becoming a US citizen is possible but may take significantly longer compared to if they were a US citizen. This is primarily because the green card holder must first apply for citizenship, making the process much faster for you.
1. Understanding the Process
If your spouse is a green card holder, you have the option to become a US citizen through a marriage-based immigration process. However, this process is often more complex and time-consuming. Unlike when your spouse is a US citizen, where the process is typically quick and straightforward, partnering with a green card holder may require several years of waiting. In some cases, individuals have waited upwards of 10 years for their green cards, making this route less preferable if you want to become a citizen sooner.
It's crucial to note that becoming a US citizen is not solely dependent on your spouse’s green card status. You will still need to prove your eligibility and meet all necessary requirements, such as residency, language proficiency, and knowledge of US history and government. However, having a green card holder as a partner does provide a pathway, albeit a longer one.
2. Requirements for a Green Card Holder to Apply for Citizenship
For a green card holder to become a US citizen, they must meet specific eligibility criteria, such as residing in the US for a minimum period, holding a green card for at least five years, and passing background checks and exams. After your spouse becomes a US citizen, the process of applying for your own citizenship can become quicker and more straightforward.
3. Issues with Unlawful Presence
If you are a non-US citizen married to a green card holder and have been in the US unlawfully, you face additional challenges. You will need to leave the country and properly re-enter with an immigrant visa obtained from a US consulate abroad. This process requires submitting for and obtaining a waiver for unlawful presence. It's important to note that the waiver is based on the hardship your spouse would face if you were to be deported, rather than your own hardship. Hardship in this context would need to be significant and beyond normal separation hardship, such as the requirement for medical care by your spouse.
4. Pathways for Those in the US Illegally
If you are married to someone with a green card but have entered the US illegally, you generally do not qualify for a legal pathway to citizenship. The current immigration laws do not permit adjustment of status for individuals in the US without proper documentation. If you are in this situation, you may need to return to your home country, legally obtain a visa, and then return to the US to adjust your status or apply for citizenship.
In conclusion, while it is possible for a non-US citizen to become a US citizen through marriage to a green card holder, the process can be lengthy and challenging. It's advisable to consult with an immigration lawyer to guide you through the process and help you understand the specific steps and potential roadblocks you may face. Seeking legal advice is crucial in navigating the complexities of US immigration laws effectively.
Keywords: US citizenship, Green card, Marriage-based immigration.