Three-Year Rule for Naturalization Eligibility After Marriage to a U.S. Citizen

Foreign-born persons who are married to U.S. citizens enjoy an unusual benefit when it comes to eventually becoming U.S. citizens: Instead of spending five years as lawful permanent residents before applying for naturalized citizenship, they need to hold a green card for only three years. The condition is that they remain married to and living with the U.S. citizen for the entire three years. There is no requirement that the immigrant have obtained the green card through this marriage. (See I.N.A. § 319(a), 8 U.S.C. § 1430(a).)

Fulfilling the "Three Years as a Lawful Permanent Resident" Requirement

As you might know, immigrants with lawful permanent residence must be able to satisfy several basic eligibility criteria before applying for U.S. citizenship on Form N-400, Application for Naturalization. These include things like being a person of good moral character, being able to speak, read, and write English, passing a test in U.S. history and government, and most importantly for this article, having been a permanent resident for at least a certain amount of time before submitting Form N-400 to U.S. Citizenship and Immigration Services (USCIS).

Reminder: Most Citizenship Applicants Must Wait Five Years After Becoming Permanent Residents

Again, most people must wait five years from the date of becoming lawful permanent residents before applying to naturalize. Literally speaking, applicants must count forward from the date they were either approved for a green card in the United States through the "adjustment of status" process" or the date they entered the United States for the first time with an immigrant visa.

However, the foreign-born spouse of a U.S. citizen can apply to naturalize a mere three years after this date (having become a lawful permanent resident).

To Use the Three-Year Exception, All Conditions Must Be True for All Three Years

It’s important to be aware of the condition within U.S. immigration law that you have been both married to and living with the U.S. citizen for the entire three years. If, for example, you and your U.S. citizen spouse separate, divorce, or merely start living in different cities, then even though you remain legally married, you are no longer eligible to use the three-year exception.

Similarly, if your U.S. spouse was a permanent resident at the beginning of your three years of permanent residence and only recently became a U.S. citizen, you must wait until your spouse has been a U.S. citizen for a full three years before making use of this exception.

You Can Submit N-400 90 Days Before the Three Years Are Up

Because USCIS is perpetually backed up with applications, and likely won't call you in for your naturalization interview for several months, it lets people submit the N-400 application up to 90 days before they've reached the required number of years as a permanent resident. See Filing an N-400 Application: Timing Issues for details.

Meeting the Physical Presence Requirements for Naturalization When Using Three-Year Exception

A related requirement for U.S. citizenship is that you have spent half of your required time as a permanent resident actually living within the United States. For people who must spend five years as a permanent resident before applying, that means they must fill a physical presence requirement of two and a half years, or 30 months. For purposes of the three-year rule, however, the amount of time you must be physically present in the United States before applying to naturalize is one half of three years, or 18 months.

How Years as a Conditional Resident Count Toward the Three-Year Requirement

If you were married for less than two years when you first got approved for the green card, then you were probably given conditional rather than permanent residence at first. Conditional residence can expire after two years if the holder doesn't take steps to renew it. You would have needed to submit Form I-751 to U.S. Citizenship and Immigration Services (USCIS) in the 90 days before the expiration date in order to convert from conditional to permanent residence.

Assuming you do this successfully, your two years as a conditional resident will count as if it was permanent residence. You will be able to apply for naturalized U.S. citizenship three years (minus 90 days) from the original approval date of your conditional residence.

Is There Any Other Way to Shorten the Wait Before Applying for U.S. Citizenship?

Exceptions to the requirement of having spent a certain number of years as a lawful permanent resident in the United States before naturalizing are rare. Desperation won't do it; there is no way to ask USCIS for a personal exception to this fundamental naturalization requirement.

There are, however, important exceptions for people who have served in the U.S. military, during either peacetime or a war. See How to Get U.S. Citizenship Through Military Service.

Also, after you become fully eligible for U.S. citizenship, if an emergency arises you could ask USCIS to put a rush on the processing of your N-400 application. (See Speeding Up the Immigration Process in Emergency Situations: Expedited Processing.)

Do I Need an Immigration Attorney?

If you have any additional questions concerning your U.S. citizenship eligibility or the application process, please consult with an experienced U.S. immigration attorney. The attorney can help assess your personal situation, determine the earliest possible date upon which you are eligible, prepare the N-400 and other paperwork, and even accompany you to your naturalization interview.