Does my legal resident alien girlfriend become a US citizen when we get married?
Question Details:
No, she will not. If she already has her lawful residency, she must qualify with 5 years of US residency. You marriage will have no bearing on her US citizenship since she did not get her residency based on your marriage originally.
Congratulations! Your wife will not become a US Citizen automatically upon your marriage. You will have to apply for citizenship. Now, before you can apply for U.S. citizenship under the immigration law with U.S. Citizenship and Immigration Services – USCIS (formerly INS), you must first have a green card or permanent residence. If you received your green card through marriage to a U.S. citizen, you may be able to apply for citizenship through naturalization after having your green card for three years. In all other situations, you must wait five years. Good luck.
Under the laws of the United States and regulations of the Immigration and Naturalization Service (INS), assuming you are a United States citizen, your girlfriend then becomes one upon marriage to you if she is not one presently assuming she wishes to apply to become one.
If that is her desire, I suggest that she and you go down to your nearest INS office and make an application for her United States citizenship after you two marry. Make sure you bring a certified copy of your marriage certificate with you.
