Statutes · INA §319; 8 U.S.C. §1430

INA §319 — Naturalization for spouses of citizens

INA § 319(a) (8 U.S.C. § 1430) lets the spouse of a U.S. citizen apply for citizenship after 3 years as a permanent resident, rather than 5, if the couple has lived in marital union for those 3 years and the spouse was a citizen throughout. Abuse survivors have a separate path that does not require marital union.

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General information, not legal advice. See the notice at the end of this page.

Do I qualify for the 3-year rule?

You must be at least 18 and have been a permanent resident for at least 3 years immediately before filing. Your spouse must have been a citizen for that whole period, and you must have lived together in marital union during it. You need continuous residence for those 3 years, physical presence for at least 18 months of them, and 3 months in your state or USCIS district. You must also stay married to the citizen until you take the oath, and meet the English, civics and good moral character requirements for the 3-year period. The fee on Form N-400 is $760 on paper or $710 online, or $380 with qualifying low income. Check the date your spouse became a citizen and the date you became a resident: the 3 years must overlap. If they do not, the 5-year rule in INA § 316 may fit better.

What does living in marital union actually mean?

USCIS generally requires that you actually live with your citizen spouse. A legal separation usually ends marital union, even if you stay in the same household. An informal separation also ends it if you moved out; if you remain in the same home, the officer decides case by case. Time apart beyond your control, such as military service or required work relocation, may be acceptable in very limited circumstances, but USCIS does not treat incarceration that way. If you are living apart, gather proof: lease, tax returns filed jointly, shared accounts, insurance and joint bills, plus employer letters explaining any separation. If your marriage is in trouble, consider applying under the 5-year rule, which does not depend on the marriage. A false statement about living together can trigger far worse problems than a longer wait, so answer honestly.

What happens if we divorce or my spouse dies before the oath?

The 3-year route ends. You must remain the spouse of a citizen until the moment you take the Oath of Allegiance. If your spouse dies or you divorce first, or your spouse gives up citizenship, you no longer qualify under § 319(a), even if the interview went well. Tell USCIS, and do not wait for the officer to find out. You may still qualify under INA § 316 once you have 5 years, so check that date. If you are close to it, ask a lawyer whether to withdraw and refile. There is an exception for the surviving spouse of a citizen who died during honorable active-duty service: under § 319(d), no prior residence or specified physical presence is required if you were living in marital union at the death. Bring the certificate of death or divorce decree to the interview.

I got my green card through an abusive citizen spouse. Do I need to stay married?

No. Section 319(a) has a separate path for a person who became a permanent resident because of status as the spouse or child of a U.S. citizen who battered them or subjected them to extreme cruelty. That person may apply after 3 years of continuous residence, with physical presence for half of that time, and the marital union requirement does not apply. You may stay separated or divorced, and there is no requirement to live with the abuser. Show how you got your green card, usually through a VAWA self-petition or an I-751 waiver based on abuse, and include your approval notice. On Form N-400, plan for a safe mailing address. A lawyer can help you keep sensitive details to what the officer needs.

What are the other spouse provisions?

Do not confuse the other subsections. Section 319(b) helps the spouse of a citizen regularly employed abroad by the U.S. government, a qualifying American research institution or firm, a public international organization, or a recognized religious body. No specified residence period applies, but you must be a permanent resident at filing and be in the United States for the interview and oath. Section 319(d) covers surviving spouses of service members. Section 319(e) lets the spouse of a service member count time abroad on official orders as U.S. residence and presence, and allows some proceedings overseas. Before relying on any of these, get the employer letter or military orders and confirm that the employer qualifies. Children of a citizen may already be citizens; compare Form N-600 before filing anything.

What should I check before I file?

Start with your status. If your card is conditional, USCIS generally will not naturalize you until Form I-751 is resolved. You may file up to 90 days before you reach the 3 years of residence, but that window shortens nothing else: your 3 years of marital union and your spouse's 3 years of citizenship must be complete on the filing date. Your marriage will be examined, so bring the certificate, final decrees of prior marriages, and evidence of your shared life. A prior divorce abroad must be valid, since an invalid divorce can make the current marriage invalid for immigration purposes. If the marriage that gave you residence is doubtful, see INA § 204(c) first. Do not file while removal proceedings are pending, and if you have a court date, confirm it through our court hearing guide. For a review, see our citizenship service.

How we can help

Citizenship and naturalization

Naturalization applications (Form N-400) and interview preparation, plus certificates of acquired or derived citizenship (Form N-600).

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Frequently asked questions

How long do I have to be married to a U.S. citizen to apply for citizenship?

Under INA § 319(a), you can apply after 3 years as a permanent resident if you lived in marital union with your citizen spouse for those 3 years and your spouse was a citizen throughout. You must also stay married to the citizen until you take the oath. Otherwise, the 5-year rule in INA § 316 may fit better.

How much time must I physically spend in the U.S. under the 3-year rule?

Under the 3-year rule in INA § 319(a), you need physical presence for at least 18 months of the 3 years, continuous residence for those 3 years, and 3 months in your state or USCIS district. An abuse survivor using the separate path needs physical presence for half of the 3 years.

My citizen spouse and I live apart. Can I still use the 3-year rule?

Usually not. USCIS generally requires that you actually live with your citizen spouse under INA § 319(a). A legal separation usually ends marital union, and an informal separation ends it if you moved out. Time apart beyond your control, such as military service or required work relocation, may be acceptable in very limited circumstances. The 5-year rule does not depend on the marriage.

Can I file Form N-400 90 days early under the 3-year rule?

Yes, you may file Form N-400 up to 90 days before you reach the 3 years of residence, but that window shortens nothing else. Under INA § 319(a), your 3 years of marital union and your spouse's 3 years of citizenship must be complete on the filing date.

My spouse became a citizen less than 3 years ago. Can I use the 3-year rule?

No. Under INA § 319(a), your spouse must have been a citizen for the whole 3-year period, so compare the date your spouse became a citizen with the date you became a resident. If the 3 years do not overlap, the 5-year rule in INA § 316 may fit better.

What is INA §319 — Naturalization for spouses of citizens?

INA § 319(a) (8 U.S.C. § 1430) lets the spouse of a U.S. citizen apply for citizenship after 3 years as a permanent resident, rather than 5, if the couple has lived in marital union for those 3 years and the spouse was a citizen throughout. Abuse survivors have a separate path that does not require marital union.

What should I check before relying on this information?

Start with your status. If your card is conditional, USCIS generally will not naturalize you until [[i-751|Form I-751]] is resolved. You may file up to 90 days before you reach the 3 years of residence, but that window shortens nothing else: your 3 years of marital union and your spouse's 3 years of citizenship must be complete on the filing date. Your marriage will be examined, so bring the certificate, final decrees of prior marriages, and evidence of your shared life. A prior divorce abroad must be valid, since an invalid divorce can make the current marriage invalid for immigration purposes. If the marriage that gave you residence is doubtful, see [[ina-204c|INA § 204(c)]] first. Do not file while [[ina-240|removal proceedings]] are pending, and if you have a court date, confirm it through our [[find-immigration-court-hearing|court hearing guide]]. For a review, see our [[/services/citizenship|citizenship service]].

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