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How to Get US citizenship for a Foreign Spouse

December 3, 2010 Leave a comment

Are you a US citizen wishing to have a lasting marriage and staying with your spouse for the rest of your life? It can be possible if you get the US citizenship for your foreign spouse. The phenomenon of foreign marriage is growing these days as is the desire to share their dreams, values and a lifetime with their soul mates. If you have found a foreign spouse and want to bring him/her to the US and live with her/him it is recommended to get the US citizenship for the spouse.

Ways of getting US citizenship:

Us citizenship is obtained either by birth or through naturalization. To get citizenship for your spouse the only possible way is through naturalization. For your spouse to apply for citizenship he/she must be at least 18 years of age, should have been married to you, the US citizen, and lived in the US for a period of 3 years without disrupting the stay in the US, all this while having a green card. Initially, you could sponsor your spouse for a green card through marriage process and once your spouse meets the requirements he/she will be able to apply for US citizenship.

Documents to be submitted:

While applying for citizenship based on the marriage to the US citizen, it becomes necessary to submit the following documents,

  • Form N 400 which is completed
  • Copy of the Permanent Resident Card (Back and front)
  • Two color photos with the applicant’s name and A number the back of the each photo.
  • Evidence to prove that your spouse is a US citizen. The proof can be a birth certificate, citizenship certificate, passport etc
  • Your current marriage certificate
  • Proof of termination of other previous marriages if any
  • Documents to prove that you and your spouse have a good marriage and live together – proof in the form of tax returns, bank accounts, birth certificate of children, etc.

Once your application is complete and is mailed to the USCIS with the required documents, on approval you will be called for the fingerprinting and interview by the USICS. Honest and truthful answers will be favorable with regard to your application. You will be tested for your knowledge in English and your knowledge on the history of the US as well. Based on the interview you will be granted the US citizenship after taking the oath of allegiance . There can be cases when the citizenship will be denied; in such cases an appeal can be made to reconsider the case, but the whole process has to be started from scratch. The oath of allegiance is the final part of the citizenship process which will be conducted as a ceremony notified by the USCIS. This is when you will be receiving the certificate of naturalization and there on you become a US citizen.

The US citizenship rights and benefits that your spouse obtains are numerous. He/she will have the right to vote, apply for a passport, apply for federal jobs, receive social benefits, etc.. Acquiring US citizenship will secure your spouse from anti immigrant laws; not only this, but your spouse can inherit the rights to sponsor relatives and family members to immigrate to US. To have a peaceful and happy life, the ultimate goal for your spouse will be to obtain the US citizenship and enjoy its many benefits.

What supporting documents do I need to submit with the Form I-751, Petition to Remove the Conditions on Residence?

April 13, 2010 2 comments

Form I-751, Petition to Remove the Conditions on Residence is a petition used to remove the conditions on residence. If you are a conditional resident and obtained the conditional status through marriage, then you should use Form I-751 for removal of conditions. Supporting documents with Form I-751 include certain intial evidences like copy of Permanent Resident Card. Form I-751 can be filed jointly or you could seek a waiver in the joint filing requirement.

The following supporting documents with Form I-751, should be submitted to the USCIS:

* Copy of the front and back of your Permanent Resident Card.
* Evidences to prove that your marriage is legitimate.
* Evidences for seeking a waiver (If filing to waive the joint filing requirement)
* Court order if you have changed your name legally.
* English translation of all foreign language documents from an authorized translator.

You have to submit evidences to prove that your marriage is legitimate and that you have not violated any law of the United States. To prove the evidence of your marriage, the following supporting documents with Form I-751 should be submitted:

* Copy of your marriage certificate.
* Copy of birth certificates of the children you have had together.

* Documents of Joint ownership or property such as financial records of assets, federal tax return, insurance policies.
* Rental receipts of all the apartments that you have occupied together.
* Affidavits from atleast two people, who have personally known you and your spouse from the time the conditional residence was granted. The person who signs the Affidavit should witness before the immigration officer that whatever is written in the Affidavit is true.

If you are seeking a waiver in the joint filing requirement, the following supporting documents with Form I-751 should be submitted:

* Copy of death certificate, if spouse is deceased.
* Copy of divorce certificate, if marriage was terminated.
* If battered or subject to extreme cruelty, submit evidence of abuse such as reports issued by the police or court.

If you are residing outside the U.S. due to military orders or goverment orders, you should submit the following:

* Two passport style photographs of the applicant and dependents.
* If you or your dependents are between the ages of 14 and 79, complete Form FD-258, Fingerprint Cards.

The supporting documents with Form I-751 should be filed for all dependent children who got conditional residence concurrently with you. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send. If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference.

The filing fee for the petition includes the application fee and the biometric fee. After USCIS receives your petition, you will be informed about when you should appear for the biometrics.

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