Marital Union is required for obtaining citizenship through marriage
Marital Union is required for obtaining citizenship through marriage
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On October 12, 2018, a USCIS Policy Alert updated the requirements to obtain citizenship through marriage requiring marital union.
In this Policy Alert, the United States Citizenship and Immigration Services state that “all naturalization applicants filing on the basis of marriage to a US citizen must continue to be married from the time of filing for naturalization until the applicant takes the Oath of Allegiance for naturalization”. In addition, they must also be living in marital union.
Marital union means that the couple must be living together for at least three years prior to the filing of the naturalization application. However, if you separated after filing, things may be different. Whatever your case is, we advise you to seek guidance from an immigration lawyer to avoid potential complications with your immigration status.
What happens if I applied for naturalization based on marriage but are not separated?
Lawful Permanent Residents, LPR, can become eligible for naturalization five years after receiving the Green Card. However, if you are married to and living with a US citizen, you will be eligible to become a US citizen yourself after three years, even if your Green Card was not initially based on marriage.
Nonetheless, things may change during the three-year requirement and one of those things may be that you are no longer married or living together while your petition for citizenship is pending.
Immigration laws require that naturalization applicants filing under the basis of marriage to US citizens must be still married to them from the time of the filing until they take the Oath of Allegiance. In addition, marital union is also another requirement.
When will you not be eligible for naturalization?
- If you are no longer residing with your US citizen spouse by the time of filing or during the period, that you are required to be living in marital union;
- If prior to taking the Oath of Allegiance your relationship is terminated;
- If you are legally separated from your US citizen spouse, meaning that the rights of the married couple were altered by a judicial decreed but the marital relationship was not eliminated (which means that there was no divorce).
Legally separated couples may still be living in the same household but if this is your case, you will not be eligible for naturalization since you will not be considered to be living together in marital union.
In the case that you are informally separated, which means that you are separated from your spouse but not in a legal manner, you may still be eligible for naturalization, although the immigration officer will take into consideration:
- The length of your separation;
- If you continue to support your children if you have any;
- If you intend to separate permanently;
- If either of you were involved with others during separation.
Finally, you may also have been involuntarily separated while your naturalization application was pending if there is no indication of marital disunity. These cases may be, for example:
- Service in the US armed forces;
- Required travel or relocation for employment.
Take into consideration that if your marriage situation changes, you must notify USCIS. Failing to do so may result in rejection of your citizenship request.
Talk to an experienced immigration attorney whatever your situation is for proper guidance. Immigration cases are often complicated and many times are considered on a case by case basis. Kannan Law offers you help and advice in California, contact us today!
If you need more information about immigration, you can read more on our specialized section on our website or head on to our blog.