In general, a permanent resident is typically required to live continuously in the U.S. for at least five years before becoming eligible to apply for naturalization. However, individuals who obtained their green cards through marriage to a U.S. citizen can apply for naturalization after three years of continuous residency. The following notes are provided for individuals seeking to naturalize based on marriage to a U.S. citizen.

Eligibility

The regulation provides that a permanent resident seeking naturalization based on marriage to a U.S. citizen must have been in a marital union with his or her U.S. citizen spouse for a minimum of three years before applying for citizenship. A common question about this requirement is where a permanent resident obtained his or her green card through marriage to a U.S. permanent resident spouse, and subsequently, that spouse became a U.S. citizen after the marriage. For example:

• A acquired his green card through his marriage to B, who was a U.S. permanent resident. After 1 year of marriage, B naturalized and became a U.S. citizen. Can A apply for citizenship 2 years later since his spouse is now a U.S. citizen?

The answer is No. A cannot apply for citizenship after two years. For naturalization purposes, USCIS will only consider the time A has been in marital union with B after she became a U.S. citizen. Therefore, A must fulfill the requirement of being in a marital union with B, who is now a U.S. citizen, for the prescribed period of three years before being eligible to apply for naturalization.

Evidence of Marital Union

Those eligible for naturalization based on marriage to a U.S. citizen must also provide evidence that they have resided with their U.S. citizen spouses in marital union for a minimum of 3 years. Supporting evidence may include, but is not limited to:

• Joint bank and credit card statements.

• Leases or mortgages.

• Birth certificates of children.

• Insurance policies

• Joint tax returns.

Submission of comprehensive evidence to establish the required period of marital union to a U.S. citizen spouse is essential for those seeking naturalization based on marriage to a U.S. citizen.

3-Year vs. 5-Year

In general, USCIS requires naturalization applicants to provide at least five years of address history, employment/school record, travel history and tax returns. For those who are applying for naturalization based on marriage to a U.S. citizen, the requirements are shorter:

• For those who are applying for naturalization based on marriage to a U.S. citizen, they only need to provide three years of address history.

• For those who are applying for naturalization based on marriage to a U.S. citizen, they only need to provide three years of employment/school record.

•  For those who are applying for naturalization based on marriage to a U.S. citizen, they only need to provide three years of employment/school record.

• For those who are applying for naturalization based on marriage to a U.S. citizen, they only need to provide three years of travel history.

• For those who are applying for naturalization based on marriage to a U.S. citizen, they only need to provide three years of tax returns.

Conclusion:

USCIS's emphasis on evidence of marital union and the relaxation of certain requirements stresses the importance of understanding the unique criteria associated with naturalization based on marriage to a U.S. citizen. Eligible applicants should approach the process with diligence to navigate the naturalization journey with confidence and compliance.