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Marriage-Based Naturalization in Washington D.C.: A Legal Pathway to U.S. Citizenship
Foreign nationals married to U.S. citizens residing in Washington D.C. may be eligible for an expedited route to U.S. citizenship through a legal process known as marriage-based naturalization. This article outlines the eligibility requirements, application procedures, and important legal considerations under federal immigration law, with specific attention to how it applies within the jurisdiction of the District of Columbia.
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1. Marriage-Based Naturalization in Washington D.C.: Legal Requirements
To qualify for marriage-based naturalization, applicants must meet several legal conditions as prescribed by the Immigration and Nationality Act (INA), interpreted by U.S. Citizenship and Immigration Services (USCIS).
Marriage-Based Naturalization in Washington D.C.: Lawful Marriage to a U.S. Citizen
Only those in a legally recognized marriage to a U.S. citizen are eligible. Civil unions, domestic partnerships, or common-law marriages not recognized federally do not qualify. The marriage must be bona fide, meaning entered into in good faith and not for the sole purpose of obtaining immigration benefits.
Marriage-Based Naturalization in Washington D.C.: Continuous Residence Requirement
Applicants must have continuously resided in the U.S. as a lawful permanent resident (LPR) for at least three years immediately preceding their naturalization application. Furthermore, they must have been living in marital union with the U.S. citizen spouse during that entire period. Temporary trips abroad are allowed but must not disrupt continuous residence.
Marriage-Based Naturalization in Washington D.C.: Physical Presence and Domicile
The applicant must have been physically present in the U.S. for at least 18 months out of the previous 3 years. Additionally, they must have resided for at least 3 months in the state or USCIS district (in this case, Washington D.C.) where they file the naturalization application.
Marriage-Based Naturalization in Washington D.C.: Good Moral Character
Demonstrating good moral character is essential. USCIS evaluates this based on criminal history, tax compliance, honesty in immigration applications, and other personal conduct. Grounds for denial include:
- Felony convictions
- Tax evasion or fraudulent filings
- Domestic violence charges
- Immigration fraud or misrepresentation
Marriage-Based Naturalization in Washington D.C.: Language and Civics Knowledge
Applicants must pass a civics and English language test unless exempted due to age and long-term residency. The civics portion includes questions about U.S. government, history, and values.
Marriage-Based Naturalization in Washington D.C.: Legal Capacity and Oath of Allegiance
Applicants must be 18 years of age or older and willing to take the Oath of Allegiance to the United States. Certain religious or moral objections can be accommodated under limited exceptions.
2. Marriage-Based Naturalization in Washington D.C.: Application Procedures
The path to U.S. citizenship through marriage involves a series of steps administered by USCIS and governed by federal law.
Marriage-Based Naturalization in Washington D.C.: Filing Form N-400
Eligible applicants must file Form N-400, Application for Naturalization, with USCIS, accompanied by supporting documentation, including:
- Proof of lawful permanent residency (green card)
- Marriage certificate and proof of spouse’s citizenship
- Evidence of cohabitation (e.g., joint lease, bills)
- Tax returns and employment history
- Criminal record disclosures, if applicable
Marriage-Based Naturalization in Washington D.C.: Biometrics Appointment and Background Check
After filing, applicants will receive a biometrics appointment notice. Fingerprints are collected to conduct a background check with the FBI and other national security databases.
Marriage-Based Naturalization in Washington D.C.: Naturalization Interview and Test
Applicants are interviewed at a USCIS Field Office. During the interview, an officer verifies the submitted documentation and administers the civics and English tests. Marriage-based applicants may face additional questions to confirm the authenticity of the marriage.
Marriage-Based Naturalization in Washington D.C.: Oath Ceremony
If approved, applicants attend an oath ceremony where they formally renounce previous allegiances and swear loyalty to the U.S. This is the final step in acquiring U.S. citizenship.
3. Marriage-Based Naturalization in Washington D.C.: Special Legal Considerations
Applicants must remain cautious throughout the process. U.S. immigration authorities scrutinize marriage-based petitions carefully.
Marriage-Based Naturalization in Washington D.C.: Fraud Prevention and Denaturalization Risk
Entering into a fraudulent marriage solely for immigration benefits is a federal crime and grounds for denial, removal, or denaturalization. USCIS may conduct unannounced home visits or request interviews with both spouses.
Marriage-Based Naturalization in Washington D.C.: Divorce or Separation
If the marriage ends before the naturalization process is complete, the applicant may lose eligibility for the 3-year rule and must wait 5 years under standard naturalization rules.
Marriage-Based Naturalization in Washington D.C.: Legal Counsel and Representation
Given the complexity and importance of these proceedings, retaining an immigration attorney is highly recommended. Legal counsel helps ensure documentation is accurate, deadlines are met, and risks are minimized.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
