A copy of the applicant's foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant's country of citizenship for visa chargeability, identity, and existence of derivative relationships. [29] An applicant who is legally separated from his or her spouse during the time period in which he or she must be living in marital union is ineligible to naturalize as the spouse of a U.S. citizen. In India, a marriage can either be registered under the Hindu Marriage Act of 1955 or under the Special Marriage Act of 1954. Sample Marriage Certificate - English. See 1 U.S.C. If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items: 1. An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen has expatriated any time prior to the applicant taking the Oath of Allegiance for naturalization. [^ 8] See United States v. Windsor, 133 S. Ct. 2675 (2013). Citizenship and Immigration Services (USCIS).Which documents are necessary depends on each applicant's situation. Evidence must be in the form of original documents issued by a competent authority or certified copies bearing the appropriate seal or stamp of the issuing authority. Common documents that require a translation include: birth certificates, death certificates, passports, marriage and divorce certificates, and academic transcripts. [^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship. [10], The validity of a divorce abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the reciprocity laws in the state of the United States where the applicant remarried. Applicants who have been previously married must obtain evidence of the termination of EACH prior marriage. Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400; Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application; Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence; Reside continuously within the United States from the date you filed your application until the date you naturalize; Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and. L. 116-133 (PDF). A copy of a government-issued photo identity document (if available); Documentation of your immigrant category (concurrently filed, pending, or approved Form I-360); Disposition on criminal charges, arrests, or convictions, if available. For more information or examples, please refer to the form instructions; Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-140); Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under 245(k) from the INA 245(c)(2), (7) and (8) bars); Confirmation of job offer (on Form I-485 Supplement J, if applicable); A signed statement confirming you intend to work in the occupational field specified in the Form I-140 if you are a self-petitioner; Form I-601, Waiver of Inadmissibility (if applicable); Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities; Items listed above for principal applicants (except Supplement J or signed statement for self-petitioners); A copy of your marriage certificate to the principal applicant or proof of relationship as a child to the principal applicant. The documents required for a marriage green card vary by situation but generally include the following: Birth certificate. Certain religious denominations or interdenominational mission organizations. 1996). If it is unavailable or does not exist, provide other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence, if applicable; Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). Proof of sponsor's U.S. citizenship or permanent residence. Submit a photocopy of the front (and back, if there is printed information) of your original evidence of U.S. citizenship. Share sensitive information only on official, secure websites. Financial documents. The documents submitted serve as proof that the marriage was a valid, legal one. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. Proof that you have continuously maintained a lawful status since arriving in the United States. See INA 337. The documents required for a marriage green card vary by situation but generally include the following: Birth certificate. Please use this link to the USCIS website to access forms and more information about filling the I-129F petition. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, did you provide the following? [^ 12] See Matter of Ma, 15 I&N Dec. 70, 71 (BIA 1974). We will reject the form if these fields are missing: Part 1 - Information About Your Eligibility. 3. No specific period as an LPR is required (but you must have been lawfully admitted to the United States for permanent residence); No specific period of continuous residence or physical presence in the United States is required; and. 2001) (Discussing legal separation for purposes of derivation of citizenship). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. The marital relationship is terminated at any time prior to taking the Oath of Allegiance. You must have a physical street address to . The latest update on the tips on form filing posted on the USCIS website, clearly states that any document written in another language must be accompanied by certified translation. 103, issued May 6, 2004. Applicants who have been previously married must obtain evidence of the termination of EACH prior marriage. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3]. U.S. For information about becoming a lawful permanent resident (LPR) or petitioning for family members, please visit our Green Card or Family pages. After your arrival, you should file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the filing fee to adjust your status to that of a permanent resident in the United States. Termination of Prior Marriages. 104-199 (PDF), 110 Stat. Evidence must be in the form of original documents issued by a competent authority or certified copies bearing the appropriate seal or stamp of the issuing authority. L. 116-133 (PDF) (March 26, 2020). Certain American institutions of research; American firms or corporations engaged in the development of foreign trade and commerce; Certain public international organizations; and. Some states, however, do not recognize these foreign divorces and do not provide reciprocity. [2] Each foreign birth certificate must include a certified English translation. A .gov website belongs to an official government organization in the United States. Green Card Through Marriage: Forms to File. To get a marriage-based green card, the following forms must be filed and submitted: I-130 Petition for Alien Relative . A court's jurisdiction to grant an annulment is set forth in the various divorce statutes and generally requires residence or domicile of the parties in that jurisdiction. Photocopies must be: legible, on white 8.5"x11" standard paper, black and white, and single sided. When a marriage is terminated by divorce, the termination is entered by the court with jurisdiction and is documented by a copy of the final divorce decree. For marriages registered at government offices under the Special Marriage Act, the certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee. In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Thinking About Applying for Naturalization? See the Defense of Marriage Act (DOMA), Pub.L. [31], Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. A .gov website belongs to an official government organization in the United States. [^ 7] See Matter of Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of Phillis, 15 I&N Dec. 385 (BIA 1975; Matter of M-, 8 I&N Dec. 217 (BIA 1958). [^ 4] This is a narrow exception that under BIA case law generally has been limited to situations, such as certain incestuous marriages, where the marriage violates the criminal law of the state of residence. I - Requirements / Necessary documents. USCIS encourages applicants to submit as much evidence as possible. [^ 22] See 8 CFR 319.1(b)(2)(i). General requirements include copies of both the front and back of. [2] In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed. If the same-sex couple now resides in a jurisdiction different from the one in which they celebrated their marriage, and that jurisdiction does not recognize same-sex marriages, the officer will look to the law of the state where the marriage was celebrated in order to determine the validity of the marriage. [9]. Generally, if your spouse is a U.S. citizen who is employed by the U.S. government, including the military or another qualifying employer, and your spouse is scheduled to be stationed abroad for at least one year at the time you file your Form N-400, you may be eligible for naturalization under Section 319(b) of the INA. A copy of a government-issued identity document with photograph; A copy of your birth certificate. Your civil documents MUST be issued by the official issuing authority in your country. Looking for U.S. government information and services? Birth Certificate. In many instances, spouses will separate without obtaining a judicial order altering the marital relationship or formalizing the separation. A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I 485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485). [^ 5] See Pub. When filing the green card application,if the sponsor is a U.S. citizen, Form I-130 asks for the sponsor's proof of citizenship, which can be either a passport, certificate of naturalization, or a birth certificate. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. [24]. [25] USCIS also determines whether the parties followed the proper legal formalities required by the state or country in which the divorce was obtained to determine if the divorce is legally binding. An annulment is usually retroactive, meaning that the marriage is considered to be invalid from the beginning. [27]. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. Termination of Prior Marriages. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. first find out with the government agencies and organizations what their requirements are and what they expect to find in the document after translation. Everything listed above for immediate relatives; Proof you have continuously maintained a lawful status since arriving in the United States; A copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree. Official websites use .gov 8 CFR 316.5(b)(6) - Residence for certain spouses of military personnel, 8 CFR 316.6 - Physical presence for certain spouses of military personnel, INA 316, 8 CFR 316 - General requirements for naturalization, INA 318 - Prerequisite to naturalization, burden of proof, INA 319, 8 CFR 319 - Spouses of U.S. citizens, INA 332, 8 CFR 332 - Naturalization administration, executive functions, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320. 2. Proof of sponsor's U.S. citizenship or permanent residence. [^ 15] See 8 CFR 103.2(b). Birth Certificate. Looking for U.S. government information and services? The document(s) that legally changed your name (marriage certificate, divorce decree, or court document). Checklist of Required Initial Evidence for Form I-485 (for informational purposes only), Preparing for Your Biometric Services Appointment, Identity Verification and the USCIS Immigrant Fee, Tips on Finding Your A-Number and DOS Case ID, Forms Processed at USCIS Lockbox Facilities, Additional Information on Filing a Reduced Fee Request, Department of State (DS) Forms and Other Non-USCIS Forms. We recommend that you review these requirements before completing and submitting your form. Interagency Strategy for Promoting Naturalization, I am a Lawful Permanent Resident of 5 Years, Educational Products for Educators and Program Administrators, Learn About the Citizenship and Integration Grant Program, Fiscal Year 2021 Citizenship and Integration Grant Program, Citizenship Public Education and Awareness Campaign, Learn About the Civics and Citizenship Toolkit, Register for a Civics and Citizenship Toolkit, Form N-400, Application for Naturalization, USCIS Policy Manual, Volume 12, Citizenship and Naturalization, Members of the Military and Their Families. No specific period of marital union is required; however, you and your U.S. citizen spouse must be in a valid marriage from the time you file your Form N-400 until the time you naturalize. See 8 CFR 319.1(a)(3) and 8 CFR 319.1(b). [3], This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Green Card Through Marriage: Forms to File. [^ 18] See 8 CFR 319.1(b)(2)(i) and 8 CFR 319.2(c). The documents submitted serve as proof that the marriage was a valid, legal one. [15]. See Matter of Weaver, 16 I&N Dec. 730 (BIA 1979). 12 USCIS-PM G.2 - Chapter 2 - Marriage and Marital Union for Naturalization. An official website of the U.S. Department of Homeland Security, An official website of the United States government. Many couples are able to avoid the I-751 interview. 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