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
Filing Fees
vs. Standard (5-Year)
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.