Can I Apply for Naturalization After Three Years of Marriage to a U.S. Citizen Even if My Green Card is Not Marriage-based?

At Sverdloff Law Group, we often hear questions from clients navigating the path to U.S. citizenship. One common concern is whether individuals who have been married to a U.S. citizen for three years can apply for naturalization early, even if their green card was not obtained through marriage. The short answer is yes—under certain conditions, you may qualify for expedited naturalization. Below, we’ll explain how this works, covering eligibility criteria, legal considerations, and next steps.

Understanding the Naturalization Process

Naturalization is the process through which lawful permanent residents (green card holders) become U.S. citizens. Typically, an individual must hold a green card for at least five years before they qualify to apply for naturalization. However, a special provision allows those married to U.S. citizens to apply after just three years of lawful permanent residency, provided specific criteria are met.

Eligibility for the Three-Year Rule

To take advantage of the three-year rule, you must meet the following requirements:

1. Marital Union – You must have been married to and living with the same U.S. citizen spouse continuously for at least three years leading up to your application. The U.S. citizen spouse must also have held citizenship status for the entire three-year period.
2. Residence and Physical Presence – You must have been a lawful permanent resident (green card holder) for three years and physically present in the United States for at least half of that time (18 months). Additionally, you must demonstrate continuous residence in the U.S. during these three years.
3. Good Moral Character – Just like all naturalization applicants, you must prove good moral character and adherence to U.S. laws, particularly during the statutory period.

Do You Qualify If Your Green Card Isn’t Marriage-based?

Yes, you can still qualify for early naturalization under the three-year rule, even if your green card was obtained through other means. For instance, you might have become a lawful permanent resident through an employment-based green card, asylum, or a T visa. The law governing this provision (8 U.S.C. § 1430(a)) does not distinguish between the type of green card you hold. What matters is that you are legally married to a U.S. citizen and meet the other conditions related to time, residence, and moral character.

For example, if you obtained your green card through employment but have been married to and living with your U.S. citizen spouse for at least three years, you are eligible to apply under this expedited pathway.

Exceptions and Challenges to Consider

While the process may seem straightforward, certain complexities could affect your eligibility:

• Marital Union Disruptions – If your marriage has faced separations or disruptions due to military deployments, work assignments, or other situations, USCIS may scrutinize whether you meet the “living in marital union” requirement.

• Past Legal Violations – Issues such as tax fraud, prior arrests, or violations of immigration laws may impact USCIS’s assessment of your moral character.

• Insufficient Documentation – USCIS will require substantial proof of your marital relationship, including shared financial records, photos, and affidavits from individuals who can attest to your union.

How to Prepare for Your Naturalization Application

If you meet the three-year criteria, these actionable steps can help you prepare:

1. Gather Supporting Documents – Start by compiling evidence of your marital relationship. This includes joint utility bills, leases, tax returns, and photos documenting your shared life. Also, collect proof of your spouse’s U.S. citizenship, such as a birth certificate or naturalization certificate.
2. Review Your Immigration and Criminal History – Ensure you have copies of all prior immigration applications and interactions with USCIS. If there are any areas of concern, such as past arrests, work with an immigration attorney to address them proactively.
3. Seek Legal Guidance – Navigating naturalization laws and preparing a strong application can be overwhelming. Consulting with an experienced immigration attorney can increase your chances of success and help you avoid costly mistakes.

Contact Sverdloff Law Group

Naturalization is a significant milestone on your immigration journey, and understanding the eligibility requirements under the three-year rule can help you take that step sooner. Even if your green card is not based on marriage, you may qualify for early naturalization as long as your marital and residency conditions are met.

At Sverdloff Law Group, we are committed to empowering immigrants with trusted legal guidance. If you’re unsure about your eligibility or need help navigating the complexities of U.S. naturalization, contact us today for a consultation. Together, we can help you achieve your American dream.