If you marry a U.S, citizen, you won’t be eligible for U.S. citizenship right away. But you might become eligible for a U.S. green card, which can lead to U.S. citizenship.
If you are a foreign national who marries a U.S. citizen, you yourself won’t be eligible for U.S. citizenship right away. But you might become eligible for a U.S. green card (lawful permanent residence), which can eventually (after at least three years) lead to U.S. citizenship. There are also certain requirements that must be met before you can apply for a green card and ultimately for naturalized U.S. citizenship after marriage to a U.S. citizen.
The Green Card Application Process
As the spouse of a U.S. citizen (whether same-sex or opposite sex), you are what’s called an "immediate relative" in immigration law lingo. That’s good news, because there are no annual numerical limits on the green cards issued under this category, and therefore no waiting lists before you can apply. (Many other family members face annual limits and thus long waiting lists for their "priority date" to become current.)
Step One: U.S. Petitioner Files an I-130 Visa Petition
The U.S. citizen spouse must start the process for you, by submitting a visa petition on Form I-130 to United States Citizenship and Immigration Services (USCIS). The form must be accompanied by a fee and evidence of the marriage being legally valid, namely a marriage certificate, as well as proof that the marriage is bona fide, not merely a sham to get you a green card. In most cases the form is submitted separately to USCIS and then you take the next steps after it's approved; though if you'll be adjusting status (applying while living in the United States, as described below), you might be able to file it "concurrently," with the rest of your paperwork.
Step Two: Immigrant Files Application for Immigrant Visa and/or Lawful Permanent Residence
How the rest of the application process will be handled is more complicated, depending in part on where you (the immigrant) live and, if you're in the United States, whether your entry to this country was legal.
If you, the immigrant, are living in the U.S. after a legal entry (for instance, you came on a visa or under the Visa Waiver Program, also known as VWP or ESTA), and you didn’t arrive for the purpose of getting married (which would be visa fraud), then you might be able to adjust status. Adjustment of status (AOS) is the process of applying for a green card without leaving the U.S.; you submit all your paperwork and fees to, and attend your in-person interview at, offices of USCIS. You don’t have to wait for approval of the I-130 before submitting your AOS application. It can all be mailed in as one package, "concurrently." Be aware, however, that USCIS is looking unfavorably upon applicants who choose to adjust status, particularly if the application is filed after a visa overstay. You might need to explain why you're making this choice and prove that you merit an exercise of agency discretion. (See USCIS's Policy Memorandum of May 22, 2026.)
If you are living overseas, then you must wait for the I-130 to be approved and for further communication from the National Visa Center (NVC) and your local U.S. consulate. You will submit more paperwork to the NVC and pay fees. Then the consulate will call you in for an interview, at which your immigrant visa will hopefully be approved. You’ll use that visa to enter the United States and become a permanent resident (or a conditional resident, if your marriage is less than two years old when you enter the United States).
If you are living in the U.S. after an illegal entry, see an immigration lawyer. You cannot adjust status unless you are among a rare few people who fall under some old laws. But if you leave the United States for processing through a U.S. consulate, you risk being found inadmissible due to your past unlawful U.S. presence. That means being barred from returning to the U.S. for either 3 or 10 years. (The bar is 3 years if your unlawful stay was at least 180 days; 10 years if your unlawful stay was at least 365 days.) There is a waiver you can apply for before you leave, however. It's called the "provisional waiver," on Form I-601A. An attorney can help you determine your eligibility for the waiver and prepare the application and supporting documents.
Will Being Inadmissible Prevent You From Getting a Green Card?
It’s important to understand that, even though you’ve married a U.S. citizen, you have to meet certain criteria on your own before you can be granted a green card. This includes that you not be found “inadmissible.” Intending immigrants can be found inadmissible for not only unlawful presence as described above, but any of the reasons described in Section 212 of the Immigration and Nationality Act (I.N.A.).
Some of the grounds of inadmissibility that most often cause trouble are those barring entry to people who have committed certain types of crimes, developed certain physical or mental illnesses, broken U.S. immigration laws, or appear likely to become a public charge (receive public assistance due to financial need).
When You Can Apply for U.S. Citizenship
As the spouse of a U.S. citizen, you’re lucky. You don’t have to wait until you’ve had a green card for five years to apply for citizenship through the process known as naturalization. Assuming you stay married to and living with your U.S. citizen spouse the whole time, you can apply for citizenship three years after obtaining a green card.
You’ll also need to meet other requirements, such as having good moral character, having spent the majority of those three years living in the United States, being able to speak, read, and write English, and being able to pass a U.S. civics test.
The application for naturalization must be made by submitting Form N-400, Application for Naturalization, to USCIS.
You’ll later need to attend a biometrics (fingerprinting) appointment and then to attend an interview at a USCIS office. There, your application will be reviewed and you’ll be tested on your knowledge of English and civics. If you are approved, you will later be scheduled for a swearing-in ceremony, at which time you will become a naturalized U.S. citizen.
Getting Legal Help
Marriage to a U.S. citizen does not guarantee a green card or U.S. citizenship. Applications for U.S. green cards through marriage are paperwork-intensive and are scrutinized carefully, because the government takes fraudulent marriage very seriously. An experienced immigration attorney can guide you through the complex maze of U.S. immigration laws and procedural requirements.
