info@kasturilaw.com

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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

At Kasturi Law, LLC, our founding attorney, Shobhana Kasturi, knows that marriage to a U.S. citizen can significantly impact the naturalization process for foreign nationals seeking to become U.S. citizens.

One of the primary benefits is that spouses of U.S. citizens are eligible for special naturalization rules, including shorter residency requirements and a more streamlined path to citizenship.

Understanding these special provisions is crucial for couples navigating the immigration system. Here, we explain.

Marriage to a U.S. Citizen

Shorter Residency Requirements for Spouses of U.S. Citizens

For most green card holders, the standard requirement for applying for naturalization is five years of continuous residence in the U.S. as a lawful permanent resident. However, for spouses of U.S. citizens, the waiting period is reduced to three years, provided certain conditions are met.

To qualify for this shorter residency requirement, the following conditions must be satisfied:

  • Marital Union: The applicant must be married to and living with the same U.S. citizen for at least three years before filing the naturalization application.
  • U.S. Citizenship of Spouse: The applicant’s spouse must have been a U.S. citizen for at least three years at the time of filing.
  • Continuous Residence and Physical Presence: The applicant must have continuously resided in the U.S. for at least three years as a lawful permanent resident and must have been physically present in the U.S. for at least half of that time (18 months).
  • Good Moral Character: The applicant must demonstrate good moral character for the three years leading up to the naturalization application.

Meeting Continuous Residence and Physical Presence Requirements

One of the key components of the naturalization process is demonstrating that the applicant has maintained continuous residence in the U.S. during the qualifying period. This means the applicant must not have spent extended periods outside the U.S. that could break their continuous residence. Typically, absences of six months or more may trigger additional scrutiny, and absences of a year or more could break the continuity of residence unless the applicant can prove otherwise.

Spouses of U.S. citizens must also meet the physical presence requirement, which means they need to have spent at least 18 months of the three-year period physically in the United States.

If you have questions about obtaining a green card, or the naturalization process, attorney Kasturi brings more than 27 years of legal representation and over a decade of experience serving individuals and families across Illinois in immigration law matters.

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.