HomePathwaysMarriage (3-Year)

Marriage to U.S. Citizen

Expedited 3-year naturalization pathway for spouses of United States citizens living in marital union. Two years shorter than the standard naturalization process.

8 U.S.C. § 1430INA § 3198 CFR § 319
3 Years
vs. 5 years standard

Spouses of U.S. citizens may naturalize after only 3 years as a lawful permanent resident, provided they meet the marital union and other eligibility requirements.

Eligibility Requirements

Marital Union

Must be married to and living in marital union with the same U.S. citizen spouse for the entire 3-year period. The spouse must have been a U.S. citizen for all 3 years.

"Living in Marital Union" means:

  • • The marriage is valid and legally recognized
  • • The couple lives together as husband and wife
  • • Marital community has not been disrupted
  • • No legal separation or divorce proceedings

Continuous Residence

Must have been lawfully admitted for permanent residence and resided continuously in the United States for at least 3 years immediately preceding the filing of the application.

Physical Presence

Must have been physically present in the United States for at least 18 months (half of the 3-year period).

State/District Residence

Must have resided in the state or USCIS district where filing for at least 3 months immediately before filing.

Good Moral Character

Must be a person of good moral character for the entire 3-year period and continue to be so through the administration of the Oath of Allegiance.

Timeline

Eligibility Period
3 years
Early Filing
90 days early
Physical Presence
18 months

Filing Fees

Form N-400$710
Biometrics$85
Total$795

vs. Standard (5-Year)

Residence
5 yr3 yr
Physical Presence
30 mo18 mo
GMC Period
5 yr3 yr

Special Provisions

Spouse Employed Abroad

Special provisions exist for spouses of U.S. citizens who are regularly stationed abroad in qualifying employment (U.S. Government, certain organizations, American research institutions).

Benefits:

  • • No continuous residence requirement
  • • No physical presence requirement
  • • Immediate eligibility upon approval

8 U.S.C. § 1430(b) - INA § 319(b)

Death of Citizen Spouse

If the U.S. citizen spouse dies during the 3-year period, the surviving spouse may still be eligible under this provision if the marriage was in good faith.

The surviving spouse must file the application while still a lawful permanent resident and must not have remarried.

Important Considerations

Bona Fide Marriage Requirement

The marriage must be entered into in good faith, not solely for immigration purposes. USCIS will examine evidence of a genuine marital relationship including joint financial records, cohabitation, and shared responsibilities.

Marriage Fraud Consequences

Immigration fraud is a serious federal crime. Entering a fraudulent marriage for immigration benefits can result in denial, deportation, criminal prosecution, and permanent bars to future immigration benefits.

Conditional Residence

If the green card was obtained through marriage of less than 2 years, the LPR receives conditional status and must file Form I-751 to remove conditions before the naturalization eligibility date.

Divorce During Process

If the marriage ends before the oath ceremony, eligibility under § 1430 is lost. The applicant may still qualify under the standard 5-year provision if other requirements are met.

Primary Statutory Text

Married persons and employees of certain nonprofit organizations
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse...

Information based on Title 8 U.S.C. and 8 CFR. This is educational material, not legal advice.

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