Chapter 4 of Volume 8, Part K in the USCIS Policy Manual covers the naturalization process for applicants who are married to U.S. citizens. This chapter outlines the specific requirements and procedures for these applicants, as well as certain benefits and protections that may apply to their case.
One of the main requirements for naturalization through marriage is that the applicant must have been a permanent resident (green card holder) for at least three years before applying. This requirement is reduced from the usual five years for applicants who have been married to the same U.S. citizen spouse during the entire three-year period. Additionally, the spouse must have been a U.S. citizen for the entire three years and must have been physically present in the U.S. for at least 18 months out of the three years.
Another important aspect of this chapter is the issue of conditional permanent residency. If the marriage is less than two years old at the time of the naturalization interview, the applicant will be granted a conditional green card. This means that the applicant will need to file a joint petition to remove conditions within the 90-day period before the two-year anniversary of receiving the green card.
The USCIS Policy Manual also outlines the specific evidence that must be provided to prove the validity of the marriage. This includes documents such as marriage certificates, joint tax returns, and joint bank accounts. The burden of proof is on the applicant to establish that the marriage is bona fide (genuine) and not solely for the purpose of obtaining immigration benefits.
Additionally, this chapter discusses the potential benefits and protections available to applicants who are married to U.S. citizens. These include the ability to file for naturalization in the district where the applicant resides, as well as the ability to take the naturalization test in their native language if they meet certain age and residency requirements.
It is important for applicants and their spouses to carefully review this chapter of the USCIS Policy Manual before beginning the naturalization process. It provides a detailed overview of the requirements and procedures for naturalization through marriage, as well as important information about conditional permanent residency and the burden of proof for bona fide marriages.
Overall, Chapter 4 of Volume 8, Part K in the USCIS Policy Manual is a valuable resource for those seeking to become U.S. citizens through marriage. It outlines the specific requirements and procedures in a clear and concise manner, helping to ensure a smooth and successful naturalization process for eligible applicants.