Naturalization through marriage: the 3-year rule

Under INA 319(a), a spouse of a U.S. citizen living in the U.S. can naturalize after 3 years instead of 5. You must:

• Be at least 18 and a permanent resident when you file.
• Have been a permanent resident for at least 3 years, with 3 years of continuous residence.
• Have lived in marital union with your U.S. citizen spouse for the 3 years before filing, and your spouse must have been a citizen for those 3 years.
• Have been physically present in the U.S. for at least 18 months (548 days) of those 3 years.
• Have lived 3 months in the state or USCIS district where you file.
• Stay married to your citizen spouse until you take the oath.
• Show good moral character for 3 years, pass the English and civics tests, and show attachment to the Constitution.

Three periods must each reach 3 years: your permanent residence, your marital union, and your spouse's U.S. citizenship.

You can file up to 90 days before you complete 3 years of continuous residence, but USCIS policy says all other requirements must already be met when you file. So if your spouse became a citizen only 2 years ago, or you have been married for 2 years and 10 months, the 3-year route is not open yet; you wait, or use the 5-year route if you qualify. Use the USCIS Early Filing Calculator: an N-400 filed too early is rejected.

USCIS treats marital union as actually living together as a married couple.

• Legal separation: you are not in marital union during a legal separation.
• Informal separation: if you no longer live together, you are generally not in marital union. If you still share a household, the officer looks at the facts case by case.
• Involuntary separation: in limited cases, living apart for reasons beyond your control, such as military service or required work travel or relocation, does not break marital union if there is no sign of marital problems. Incarceration does not qualify.

After you file, USCIS policy requires a legally valid marriage until the oath.

You lose eligibility under the 3-year rule if, before the oath:

• You divorce (from the date the final decree is entered) or the marriage is annulled.
• Your citizen spouse dies (there is an exception for the surviving spouse of a service member who died during honorable active-duty service).
• Your spouse loses U.S. citizenship.

Remarrying another citizen does not fix this. You may still qualify under the 5-year route once you have 5 years as a permanent resident. Spouses who were subjected to battery or extreme cruelty by their citizen spouse have special rules; get legal advice.

• Proof of your spouse's citizenship for the whole 3 years: U.S. birth certificate, Certificate of Naturalization or Citizenship, Consular Report of Birth Abroad, or U.S. passport.
• Your current marriage certificate.
• Proof that all prior marriages of you and your spouse ended (divorce decrees, annulments, death certificates).
• Evidence of living together: joint tax returns, a joint lease or mortgage, joint bank accounts, children's birth certificates.

If you were a conditional resident (2-year green card), in most cases your Form I-751 to remove conditions must be approved before USCIS can approve your N-400.

INA 319(b) helps spouses of U.S. citizens employed abroad by the U.S. government, the military, or certain American firms, research institutions, international organizations or religious organizations. If your spouse is scheduled to be stationed abroad for at least 1 year, you may be able to naturalize without any specific period of permanent residence, continuous residence or physical presence. You must still be a lawful permanent resident, stay validly married, and show you will live abroad with your spouse and return to the U.S. when the job ends.

This guide is general information. For your own case, check uscis.gov or ask an immigration attorney or DOJ-accredited representative.