K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.
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of Service before continuing.
Section 8.0....NATURALIZATION
(UNITED STATES CITIZENSHIP)
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Frequently Asked Questions:
 8.1)...When can I apply for United States citizenship?
8.2)...Am I obligated to apply for United States citizenship?
If not, why should I?
8.3)...Special Note: Be sure to notify the Social Security
Administration after Naturalization
8.4)...Can
I still apply for Naturalization even though my I-751 has not yet been
approved?
8.5)...I was reading a page on the naturalization
oath you have to take. I am an atheist and don't want to do the 'so help
me God' part. Do I have to say that?
Answers:
8.1)...When can I apply for United States citizenship?
A...As a spouse of a US Citizen, you can apply for citizenship 3 (three)
years after approval of your Adjustment of Status. Your approval may be noted via any of the following: approval notice (I-797), on your passport (I-551 stamp and date), your green card ("resident since" date). The 3 year
countdown begins with that date. This 3 year period does not include
long absences from the United States.
If you came to the United States on a K2 visa, you can apply for citizenship
5 (five) years after approval of Adjustment of Status, as only spouses
of US Citizens are eligible to apply for Naturalization after 3 years.
However, if a K2 is very young, it is possible that they may be naturalized
along with the parent, if the parent becomes naturalized before the
K2 turns 18.
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8.2)...Am I obligated to apply for United States
citizenship? If not, why should I?
A..You are not obliged to become a United States Citizen.
Probably the most logical reason to become a Citizen is to release your
US Citizen spouse from the legal obligations of the I-864 affidavit.
The financial responsibility of the I-864 is a liability to the US Citizen
spouse which should be removed at the earliest opportunity.
As a United States Citizen, you can vote, be a juror in the criminal
process, apply for employment in areas reserved for Citizens, and obtain
a US passport. US Citizens are treated differently than permanent residents
by the Internal Revenue Service in matters regarding inheritance and
estate taxes. As a naturalized US Citizen, criminal infractions will
not automatically result in deportation, as they may with a permanent
resident.
Retaining citizenship in your home country may involve continuing responsibilities
regarding taxation or military service.
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8.3)...Special Note: Be sure to notify the Social
Security Administration after Naturalization
Note....Go to your SSA office after your Naturalization
and show them your Naturilazation Certificate so that the SSA computer
system knows you are a citizen so that when other government agencies
try to confirm your citizenship status with the SSA they can actually
confirm it instead of saying you aren't one, thus resulting in your
having to go through additional time and trouble in order to prove it
to a whole bunch of different people/agencies.
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8.4)...Can I still apply for Naturalization even
though my I-751 has not yet been approved?
A..Some people will wait over a year for the I-751 approval, so yes,
even though the I-751 has not yet been approved, you can still apply
for Naturalization. What happens is the I-751 will be processed either
before or as part of the Naturalization process, since the I-751 must
be approved in order for you to apply for Naturalization 3 years after
AOS based on marriage to a US Citizen. This all means that you do not
have to wait for the I-751 approval, but it may mean a delay in the
Naturalization process.
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8.5)...I was reading a page on the
naturalization oath you have to take. I am an atheist and don't want
to do the 'so help me God' part. Do I have to say that?
A..(USCIS Naturalization Guide)..If USCIS (INS) determines you are unable
to use the words "so help me God" because of your religious training
or beliefs, you may omit those words.
A..When I filed my Naturalization application, I included
a letter that explained that I was agnostic and therefore could not,
in good conscience, say "so help me God", and that I was therefore requesting
an affirmation instead of an oath. When I went for my interview, the
officer addressed this issue and said that it was *not a problem*. He
affirmed that I COULD take the oath as long as I omitted the words "so
help me God". He told me that when everyone else said those 4 words,
that I should simply NOT say them. On the Naturalization oath form that
you sign, he lined through those words.
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FAQ Note: We will include more on Naturalization experiences as
more newsgroup members approach this stage, since the content of the
FAQ is primarily derived from actual newsgroup experience. However,
we probably will not cover Naturalization extensively, since the USCIS
(INS) publishes quite a lot about naturalization on their website, including
a list of 100 typical test questions used for the written citizenship
exam, and a comprehensive naturalization guide.
This FAQ is located at https://www.visajourney.com/faq/k1faq.htm
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