To get significant benefits from the U.S. government as well as convenience in managing various administrations, an individual who has lived in the United States (as a lawful permanent resident) may need to become a naturalized U.S. citizen.
If the person has married a U.S. citizen, he or she can also apply for citizenship after 3 years of marriage. For some spouses, three years is quite a long time to become a U.S. citizen, even if they have children who really need various administrative processes like school registration.
If you’re accidentally experiencing the same thing, you may wonder whether or not a spouse can apply for U.S. citizenship before 3 years of marriage. Okay, just dive into our post to find out information about it!
Can You Apply for Citizenship Before 3 Years of Marriage?
Under U.S. citizenship law, an individual who has become a permanent U.S. resident and is married to a U.S. citizen can apply for naturalization after just three years of marriage. In addition, the person must live in the United States for at least 18 months out of a 3-year period.
When it comes to filing a naturalization application, the spouse of a U.S. citizen can apply for it up to 90 days before the three-year rule. Even though the person can apply for citizenship early, he or she is not eligible for naturalization until completing the required 3-year period of residence. Of course, all other requirements for citizenship should be met at the time of filing.
In the case of filling for naturalization early and the required 3-month period of residence in a state, it still requires the person to continuously live for at least a 3-year period. The United States Citizenship and Immigration Services (USCIS) will calculate the early naturalization application by counting back 90 days from the day before the person might have first met the continuous residence requirement for naturalization.
The point is that you cannot apply for U.S. citizenship before 3 years of your marriage. However, obtaining citizenship on the basis of your marriage can be started after three years of marriage.
How to Apply for U.S. Citizenship in a Marital Union?
On the basis of marriage, a spouse of a U.S. citizen can apply for citizenship by submitting the application evidence to determine the U.S. citizenship of his or her spouse. He or she also needs to check the appropriate eligibility option on the naturalization application to demonstrate that he or she is applying for citizenship on the basis of marriage to a U.S. citizen.
The following is the evidence of a spouse’s United States citizenship to provide:
- Citizenship certificate
- A U.S. birth certificate
- Certificate of Naturalization
- Department of State Consular Report of Birth Abroad
- Valid and unexpired United States Passport
In addition to having your permanent resident status, you also need to live with your U.S. citizen spouse for at least 3 years before filling Form N-400 (an application for naturalization).
For the remainder of the naturalization application process, you need to continue to be married. If you divorce or even your spouse’s death, you will no longer be eligible for citizenship and you may need to apply as a 5-year permanent resident—not a 3-year rule.
What Are Requirements to Apply for Citizenship After 3-Years of Marriage?
To apply for naturalization application, there are a number of requirements the spouses should meet to be eligible for a U.S. citizen, including:
- They must be 18 years old or above at the time of submitting a naturalization application.
- They become a lawful permanent resident (LPR) at the time of submitting the naturalization application.
- They have to continue to be married to a U.S. citizen until the time the applicant takes the Oath of Allegiance.
- They should live with a U.S. citizen spouse for at least 3 years prior to the time of submitting the naturalization application.
- They were physically present in the United States for at least 18 months out of the 3 years immediately prior to the date of submitting the naturalization application.
- They should live within the state or USCIS district with jurisdiction over their place of residence for at least 3 months prior to applying for naturalization.
- They have to demonstrate an understanding of the English language including an ability to speak, write, and read in ordinary usage.
- They must have knowledge and understanding of the fundamentals of the United States history and principles.
- They should demonstrate good moral character and never be involved in a crime for at least 3 years prior to submitting a naturalization application.
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