If I Marry Someone from Another Country, Do They Automatically Become a US Citizen?

Marrying someone from another country is a beautiful way to unite two hearts and cultures. However, it’s a common misconception that when you marry a non-U.S. citizen, they automatically become a US citizen.

The truth is that marrying someone from another country does not automatically make them a U.S. citizen. However, it can put them on the path to becoming a lawful permanent resident, which can eventually lead to citizenship. Here’s what to know.

What You Need to Legally Marry a Non-U.S. Citizen

If you plan to marry someone from another country, the first step is determining your eligibility to enter into a civil union.

To marry a non-U.S. citizen in the United States, you must:

• Be legally eligible to marry (e.g., not currently married to someone else)
• Have a valid marriage license
• Meet the age and consent requirements of the state where you plan to marry

If you choose to marry abroad, you’ll need to ensure that your marriage is valid in the country where it takes place.

Marriage Options When One Partner Is a Foreign National

If you or your future spouse is a foreign national looking to get married in the United States, you have a few different options depending on your specific situations:

Both in the U.S., Spouse on Temporary Visa

If you’re both currently in the U.S. and your spouse is on a non-immigrant visa, they may be able to apply for a green card after getting married. This is called Adjustment of Status. Just be mindful of nonimmigrant intent or fraud issues that may come up for those marrying shortly after arriving on certain visas.

One in the U.S., One Outside

If one partner lives in the U.S., there are two paths forward:

1. Get married abroad first, then apply for a spousal visa/green card through consular processing
2. Have the foreign partner apply for a K-1 fiancé(e) visa, enter the U.S. to get married, then adjust to permanent resident status

Both Outside the U.S.

For those abroad, the K-1 fiancé(e) visa is the one way to go if you wish to get married and apply for the Adjustment of Status in the U.S. Alternatively, you can get married abroad following local laws, then apply for a spousal visa/green card to immigrate.

Whichever route you take, the U.S. citizen or permanent resident spouse will need to sponsor and petition for their new spouse. Eligibility requirements, processing times, and costs can vary significantly across these different marriage-based immigration pathways.

Becoming a Permanent Resident Through Marriage

Once you’re married, your non-U.S. citizen spouse can apply for a green card through marriage. Applying for a green card involves filing Form I-130 (Petition for Alien Relative) and, if in the U.S., Form I-485 (Application to Register Permanent Residence or Adjust Status).

If your marriage is less than two years when immigration officers grant your spouse permanent residence, they will receive a conditional green card that is valid for two years.

After two years, they must file Form I-751 (Petition to Remove Conditions on Residence) to remove the conditions and obtain a permanent green card.

The Path to Citizenship After a Marriage-Based Green Card

After obtaining a green card through marriage, your spouse may be eligible for naturalization (becoming a US citizen).

If you’re a US citizen, your spouse can apply for naturalization after three years of continuous residence in the U.S. and three years of living in a marital union with you. You must be a U.S. citizen for all three of those years.

If you’re a lawful permanent resident, the applicant must wait five years before applying for naturalization.

To be eligible for naturalization, applicants must:

• Be at least 18 years old.
• Have been a lawful permanent resident for at least three or five years (depending on their marital status).
• Have continuous residence and physical presence in the United States.
• Be able to read, write, and speak basic English.
• Demonstrate good moral character.
• Pass a civics test and take the Oath of Allegiance.

While the naturalization requirements are extensive, completing this final stage allows your spouse to achieve full U.S. citizenship after obtaining their marriage-based green card. Working with our experienced immigration lawyer can ensure they qualify and get through the naturalization process unscathed.

Trust Our Attorneys for Your Marriage-Based Immigration Case

While marrying someone from another country doesn’t automatically grant them U.S. citizenship, there may be a path to obtaining permanent residence and, eventually, citizenship through marriage.

But completing the mountain of paperwork and checking every box for marriage green cards or naturalization is a recipe for headaches and stress. That’s why it pays to have professional legal representation from an experienced immigration attorney. At the Law Office of Lina Baroudi, our legal team handles marriage-based visas, green cards, and naturalization cases day in and day out. We know the system inside and out.

Having that level of experience in your corner means not losing sleep and wondering if you filled something out correctly or missed a step. Our family immigration lawyers handle all the legal work while you focus on your new life together.

Don’t risk your spouse’s future by doing it alone. Contact us today for a consultation.