Marriage and Citizenship

Is marriage an easy path to naturalization?

Over the years, Hollywood’s released films like The Proposal and shows like 90 Day Fiance with an agenda to depict marriage between U.S. citizens and non-citizens as easy scams. Despite Hollywood’s successful marketing, campaigning, and capitalization on such notions, the reality is in fact far more complex. In actuality, through marriage, immigrants face a rather intricate and prolonged path to naturalization; it is anything but easy.

In 2016, naturalization through marriage peaked in the United States. Within the 2016 fiscal year alone, the Department of Homeland Security reported 304,358 spouses to U.S. citizens naturalized to become citizens. That is, 40.43% acquired citizenship through marriage whereas 59.57% became citizens through other mediums.

Although not nearly as high as the other 59.57%, 40.43% remains a significant percentage of the 304,358 individuals who acquired citizenship through marital modes.

HACKENSACK, NJ 03/02/2019: Maria Tartaglione works on filing some marriage licenses in her office at the Hacksensack Health Department. – Photo by Danielle Oliveira Weidner

Despite numerical reports, the intent of the couples union remains unreported and unknown, bringing into light the question: are people marrying for love or legal status? While raising questions of sincerity for some like Deputy Registrar, Maria Tartaglione, of the Hackensack Health Department who handles issuing marriage licenses.

“We do encounter undocumented couples who come here for the purpose of getting married to get documents,” said Tartaglione. “These couples do not vocalize this intent straightforward, but there are red flags you can identify. For example, one of the applicant’s is the U.S. citizen or was born in another country and became a U.S. citizen and has all of their documents, whereas the other person only as a passport.”

Aside from suspicion, instinct, and red flags, Marta Jovell, another Deputy Registrar to Tartaglione, has witnessed concrete evidence of the couple’s attempting to marry for papers.

In one of Jovell’s cases, a customer applied for a marriage license. However, during the application process, the couple forged a signature on the license.

“The spouses’ signature was there. But, it was not his signature” said Jovell. “He never came to our office to apply for the marriage license. Later, the woman told me that after they broke off their engagement, he tried marrying someone else who can give him legal status in this country.”

Despite Jovell’s fraudulent encounter, experts like Immigration lawyer Emily Bendana of the Law Offices of Salvatore Bellomo, notes that it is important to consider that out of the large quantities of cases coming in it is inevitable that there is bound to be some cases where people attempt to scam the system.

CLICK ON THE IMAGE FOR INTERACTIVE GRAPHICS AND MORE INFORMATION ON THE STEP BY STEP PROCESS TO BECOMING A U.S. CITIZEN.

To Bendana, on the whole, such cases do not seem to happen as frequently as advertised particularly because of the laws put into place to prevent people from taking advantage of the naturalization process.

“The entire process from start to finish is a minimum of 5 years from when you file that paperwork to when you actually get that naturalization interview. That is the quick end of it.”
Emily Bendana, Immigration Lawyer

On a similar note, for others like Bergen County Clerk, John Hogan, who performs hundreds of weddings between U.S. citizens and non-citizens annually, the union between the majority of mixed-status couples do not raise any suspicions. To Hogan, the marriages are authentic.

“You can tell when it is for real. You can tell if they come prepared like they are coming for a wedding. They are not coming with their street clothes. They will look into each other’s eyes. There is a number of reasons you can tell” said Hogan.

HACKENSACK, NJ 03/09/2019: Irene Munoz stands outside the Bergan County Clerk’s office just moments before her wedding. Irene was born and raised in Newark, NJ, although her family is from Handuras. Her groom, Andres Cacrera, was born and raised in Colombia. Although Andres immigrated to the U.S. 12 years ago, he only has a residence card and started the citizenship application process just 6 months ago. Irene says she knows some people marry for papers and that she’s been asked in the past by older gentlemen to marry for naturalization. But, with Andres, Irene says “Immigration has nothing to do with it. marrying for papers is out of the picture.” -Photo Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: Bride Irene Munoz and groom Andres Cacrera meet in the county clerks office. Before their wedding can start, Irene and Andres must sign off on some documentation. -Photo Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: Irene Munoz and Andres Cacrera chuckle as the Bergan County Clerk who’s marrying the two, pokes fun at the ups and downs to come with marriage.-Photo by Danielle Oliveira Weidner
HACKSENSACK, NJ 03/09/2019: Andres Cacrera reads his wedding vows in Spanish, his native tongue. Andres feels most comfortable speaking in Spanish because he expresses himself a lot better in his first language. Occasionally, Andres wipes tears from his eyes while telling Irene “I have become a better man because of you.” -Photo by Danielle Oliveira Weidner
HACKENSACKJ, NJ 03/09/2019- Although Irene Munoz speaks Spanish, she reads her vows to Andres Cacrera in English, her first language. Irene blushes with happiness as she says “I want to spend my life with you. You are the love of my life, my partner.” -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: Irene Munoz slides Andres Cacrera’s wedding band on his finger, mid-way through the marriage ceremony. -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: Irene and Andres wrap up the ceremony with a hug after officially pronounced man and wife. -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: After the wedding, Irene and Andres’s family gather together for a celebratory picture. Irene says both of their families get along well. Irene’s family especially likes Andres and how their relationship has been going. Irene says “Everyone loves him. No one was opposed to us getting married. We’re all very close. In fact, since before we married I’ve been living with his parents, his grandparents come over all the time and he’s very close to my parents and sisters as well.” -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: Before leaving the clerk’s office, Irene’s dad, Roman Munoz, poses with Irene right after the wedding. -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: “At first we wanted to get married and then have a baby. But things worked out differently. After I found out I was pregnant, we decided to get married because we didn’t want to have a child and still be not married. So far I’m 37 weeks into my pregnancy. I am expected to be due around April 25th. We’re having a girl. We want to name her Valentina.” -Photo by Danielle Oliveira Weidner
HACKENSACK, NJ 03/09/2019: The newly weds share one more kiss before departing from the wedding ceremony. Andres says he’s very excited for the future. “We have a lot of new beginnings coming our way. Not only the birth of my daughter, but our recent approval for an apartment in Berganfield. We’re going to move in in May.” -Photo by Danielle Oliveira Weidner

Maria Marco, a Cuban immigrant, attests to Hogan’s opinion and observations. Marco shares a similar story with many of Hogan’s couples.

“I met my husband in Cuba. His parents were Cuban but he was born in America. We got married in Cuba and then I came with a fiancé visa,” said Marco, “We did not do it for the papers or anything like that, we got married because we fell in love.”

All—in—all, with consideration and taking into account the current political climate under President Donald Trump’s reign and cabinet, the questions and concerns of citizenship through marriage are of valid importance and consideration.

It seems to be that with each of Trump’s steps to enforcing and adjusting immigration policies with an aim of reducing illegal immigration, the window for citizenship applications dwindles. The options and routes are waning.

In turn, limited paths and bulldozing alternative routes may stimulate some to pursue fraudulent tactics like marrying for documentation. However, as explored through Bendana’s, Hogan’s, and Marco’s first-hand accounts, perhaps that option is not as easily traveled as broadcasted by Hollywood.

Yes—the option is there, but it is far more complicated than anticipated.

Mini-Documentary:

Hollywood’s perception of citizenship through marriage is very different from reality. The idea that someone can easily become a U.S. citizen from marriage is untrue. From the perspectives of the Bergen County Clerk, the Bergen County Health Department, and other experts in the field, this video will explain how naturalization through marriage actually works.