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Marrying a U.S. citizen

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If your spouse is a U.S. citizen, either born or naturalized, you are considered an immediate relative and are likewise usually eligible for an immigrant visa immediately, providing your I-130 Petition for Alien Relative (the form your sponsoring relative filed on your behalf) has been approved by the USCIS.

If you’ve been married less than two years when you gain lawful permanent resident status, that status is given on a conditional basis — conditional on your still being married after a full two years. At that time, you and your spouse will need to apply together to remove the condition.

You must apply to remove conditional status within 90 days before the two-year anniversary of the date your conditional permanent resident status was granted. If you fail to file during this time, you’ll be considered out of status as of the two-year anniversary, and you may be subject to removal from the country. Use USCIS Form I-751 to apply to remove the condition. For more information, see the following:

 USCIS I am Married to a U.S. Citizen: www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

 Remove Conditions on My Status Based on Marriage: www.uscis.gov/forms/explore-my-options/remove-conditions-on-my-status-based-on-marriage

 I-751, Petition to Remove Conditions on Residence: www.uscis.gov/I-751

U.S. Citizenship For Dummies

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