Naturalization Application Approved 3 Years After Green Card Issuance Date Based upon Marriage to U.S. Citizen

Getson & Schatz successfully aided a Kenyan national in going through the process of entering the United States as the fiancée of a U.S. citizen all the way through obtaining citizenship, all in Philadelphia. First, our immigration lawyers helped our client obtain a K-1 Visa available to fiancées of U.S. citizens that will be marrying that citizen within ninety days upon entry to the United States. Upon marriage, our client applied for Permanent Resident status and obtained a two-year conditional green card due to the fact that she had obtained that status through marriage. We reminded our client that, pursuant to Section 216(d)(2)(A) of the Immigration and Nationality Act, she would have to file a Form 751 petition for the removal of her conditional status ninety-days before the second anniversary of her marriage. After fulfilling the requirements of Section 216(d)(1)(A) – that the marriage was entered into in accordance with the laws of the place where the marriage took place, that it had not been judicially annulled or terminated, other than through the death of a spouse, that it was not entered into for the purpose of procuring an alien’s admission as an immigrant; and that no fee or other consideration was given, the U.S. CIS removed our client’s conditional status. Lastly, since the spouse of a U.S. citizen who has continuously resided with the U.S. Citizen in a bona fide marital relationship may apply for citizenship three years after obtaining Permanent Resident status instead of the normal five years required by Section 316(a) of the INA, our immigration lawyers guided our client through the naturalization process by providing evidence they had been in a qualifying marriage for the three years preceding her application for citizenship. To prove their qualifying marriage, our client provided her jointly filed tax returns for the three prior years and her husband accompanied her to the interview in support of her citizenship application. Ultimately, our client obtained U.S. citizenship at the Immigration Service Center in Philadelphia, PA, and they continue to live happily together outside of Philadelphia.

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