Can I naturalize after three years of permanent residence based on marriage to my U.S. citizen spouse?
Photo by Jonathan Tajalle on Unsplash. If you have received your permanent residence through marriage, in certain cases, you may not have to wait the standard 5 years of permanent residency to apply for citizenship. In this case, you may apply to naturalize (obtain U.S. citizenship) in three years, if you continue living in marital union with your U.S. citizen spouse and meet the other requirements for naturalization.
What is Naturalization?
Naturalization is the process by which a lawful permanent resident (Green Card Holder) applies for and is granted U.S. citizenship. U.S. citizenship is a legal status that offers many benefits and responsibilities, including the ability to vote in U.S. federal elections, serve on a jury, travel with a U.S. passport, and bring family members to the United States. Importantly, once obtained, U.S. citizenship cannot be abandoned or lost by spending extended periods of time outside of the United States (as is the case with permanent residence).
What are the requirements for Naturalization?
Generally, applicants must have been legal permanent residents for at least five years and meet the following other requirements:
Be at least 18 years old.
Be able to demonstrate physical presence in the United States for at least 30 months out of the last five years prior to filing (or 18 months out of the last three years if you are married to a U.S. citizen).
Be able to demonstrate continuous residence in the United States (meaning you have not been outside the United States for more than six months in a row, with some limited exceptions).
Have resided for at least three months in the state where you are filing the naturalization application.
Be able to read, write, and speak basic English.
Understand the fundamentals of U.S. history and government.
Be willing to take the Oath of Allegiance.
Meet the good moral character requirements.
Can I naturalize in three years instead of five years based on my marriage to a U.S. Citizen?
Yes, if you are a permanent resident married to a U.S. Citizen and have continuously lived with your spouse for the last three years, then you may be eligible to naturalize in three years instead of the standard five years. In this case, you must still meet the other requirements for naturalization in order to qualify.
For this application, you must show that you have continuously resided in the United States as a permanent resident for at least 3 years immediately preceding the date of the filing the application and up to the time of your Oath of Allegiance. You must also show that you have been living in marital union with your citizen spouse for at least 3 years before filing your naturalization application and that you have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.
What else should I know?
You may apply up to 90 days before the date you would first meet the required 3-year period of continuous residence. If you were subjected to battery or extreme cruelty by your citizen spouse, you are exempt from the marital union requirement.
If you are applying for naturalization based on marriage, you should consider seeking the help of an immigration attorney, most especially if you have a criminal record, extended trips abroad or other issues concerning the naturalization requirements, so they can further evaluate your eligibility for U.S. citizenship. If you have additional questions or require further information or assistance, please contact us. We’re here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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