getting married? - Page 2
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It is not that easy, marriage does not mean citizenship.
1: You have to be eligible for change of status, if you entered without inspection, you are automatically disqualified. Not true. If you entered without inspection AND you qualify under 245i, you can adjust in the country. If you don't qualify under 245i, you can go through the consulate in your country of citizenship, which is what I did. 2: You must be able to prove that your marriage is legitimate and not just for immigration benefits. This includes proving that you have met your spouse for a good amount of time before marrying, photos of vacation or trips you have taken. 3: You must prove that there is a spousal relationship, which includes joint bank account, joint tax return, living together etc... 4: You do not apply for citizenship, rather your USC spouse must file a petition for you (I-130) and you have to file a change of status to a permanent resident (I-485). The process is long and costly, as the I-130 and I-485 combined cost ~$1500. You should get a lawyer too so he can fill out the minute details and guide you through the process. There is usually no need for a lawyer in this process, as it is pretty simple. 5: If you are approved, a big if, then you would get a conditional resident status for 2 years. You and your spouse must remain together for the duration of your conditional residency status. You receive conditional residency if you were married LESS than two years when you became a resident. If you're married longer than two years, you receive the ten year permanent residence. If you entered with inspection and go through the AOS process, have no criminal background, there's a good chance you'll be approved. The AOS process is really not that complicated. Also, if you end up divorcing your spouse, you will not lose your residency, unless it is proven that your marriage wasn't legitimate. So, if your relationship was real, you have nothing to worry about. 6: After the conditional residency status period, you can apply for a change to a permanent resident status. 7: After all of that, you have to wait for 5 years before you can take your citizenship test. Not true. You have to wait five years when you become a resident through other means except marriage. The wait for a person that received residency through marriage only has to wait THREE years. For some, like me, it may be five years, though. I became a resident June of 2010, a month before my two year anniversary. I received conditional residency. I now have a 1 1/2 yr wait til I can apply for removal of conditions. Then, I'll become a permanent resident. After three years (in 2015), I am eligible to apply for citizenship. |