US Citizenship 3 years after Marriage to a US Citizen

A spouse of a United States citizen living in the country may be eligible for naturalization based on their marriage. The spouse must have continuously resided in the United States for at least 3 years before the date of filing the naturalization application and must have lived with their citizen spouse in marital union for at least this period.

To be eligible, the spouse must demonstrate the following:

Be 18 years of age or older at the time of filing.

1. Be a lawful permanent resident at the time of filing.
2. Be married to a U.S. citizen spouse until the applicant takes the Oath of Allegiance.
3. Reside in marital union with the U.S. citizen spouse for at least 3 years before filing the naturalization application (the citizen spouse must have been a U.S. citizen during these 3 years).
4. Continuous residence in the United States for at least 3 years immediately before the date of filing the application and until the time of naturalization.
5. Physical presence for at least 18 months (548 days) out of the 3 years immediately preceding the filing date.
6. Reside within the state or USCIS district where the application is filed for at least 3 months before filing.
7. Demonstrate an understanding of the English language, including the ability to read, write, and speak common words in ordinary use.
8. Demonstrate knowledge and understanding of the fundamentals of U.S. history and government (civics).
9. Demonstrate good moral character for at least 3 years prior to filing until naturalization.
10. Support the principles of the U.S. Constitution and be well-disposed to the good order and happiness of the United States during all relevant periods under the law.

A spouse of a U.S. citizen residing in the United States may also naturalize under general regulations if they have been a resident for at least 5 years. Additionally, in some cases, a spouse of a member of the U.S. armed forces may be eligible for any applicable overseas naturalization, including interviews, filing, oaths, ceremonies, or other citizenship proceedings.

Living in Marital Union for Spouses Residing in the United States

A spouse of a U.S. citizen residing in the United States must have lived with their citizen spouse in marital union for at least 3 years before the date of filing the naturalization application. This requirement mandates that the couple lived in marital union throughout the entire 3-year period before the filing of the application.

However, there is no requirement for living in marital union for the period between the date of filing the application and the date of naturalization (the applicant’s Oath of Allegiance date). The relevant regulations contradict the law and state that the couple must have lived in marital union for at least 3 years at the time of the application review, not at the time of filing the application.

The immigration authority adheres to the language of the law and only requires living in marital union until the formation of the naturalization application. Thus, from the date of the request submission until the acceptance of the applicant, the existence of a legal marriage is necessary.

An individual who has been subject to extreme cruelty or battery by their U.S. citizen spouse is exempt from the marriage requirement.

Three-Year Continuous Residence

For a spouse of a U.S. citizen residing in the United States, maintaining continuous residence for at least 3 years prior to the application date and until the time of pledging allegiance is essential. Continuous residence entails the applicant maintaining a permanent residence in the United States for the required duration. The actual location of the applicant’s residence remains pivotal, regardless of their intent to claim residency.

18-Month Physical Presence

A spouse must have a physical presence in the United States for a minimum of 18 months (548 days) out of the 3 years preceding the application submission date. Physical presence is counted by the number of days the applicant must be physically present in the United States during the legal period until the filing date for naturalization.

Initial 90-Day Filing

A spouse of a U.S. citizen applying for naturalization based on marriage can submit their application up to 90 days before meeting the continuous 3-year residency requirement. While applicants may register earlier and possibly undergo interviews during this period, eligibility for naturalization is contingent upon fulfilling the 3-year residency requirement. All other requirements for citizenship must be met at the time of application submission.

The Immigration Office calculates the initial filing period by counting 90 days from the day before the applicant first meets the continuous residency requirement. For example, if an applicant first meets the 3-year continuous residency requirement on June 10, 2010, USCIS will start calculating the 90-day initial filing period from June 9, 2010.

In cases where an applicant registers early and the 3-month residency requirement falls within a service area within the 3-year continuous residence period, judicial eligibility is based on the immediate preceding 3-month period.

For a complimentary initial consultation with Dr. Ramona Kennedy, Juris Doctor from the United States, an attorney in California, and a Supreme Court attorney in Washington, D.C., please contact.

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