I have a Marriage-Based Green Card, so when can I apply for Citizenship?
This is one of the most common questions we receive at AVA Global as many of our marriage-based green card holders have their eyes set on applying for United States (U.S.) Citizenship. Fortunately, marriage-based green card holders are eligible to apply for citizenship much sooner than other types of permanent residents, but they do have to meet a variety of elements in order to succeed. This article will explain how marriage-based green card timelines work and the process one must go through in order to apply for U.S. citizenship.
Marriage-Based Green Cards and the Three-Year Rule
Most permanent residents are not permitted to apply for citizenship until they have had their green cards for at least five years; however, there is an exception for those who obtained their green cards by marrying a U.S. citizen. In fact, marriage-based green card holders only have to wait three years before they can apply for citizenship as long as they meet the eligibility requirements.
Marriage-Based Green Cards Eligibility Requirements for U.S. Citizenship:
- Three Years of Continuous Residency: You must have had your marriage-based green card for at least three years.
- Marriage to a U.S. Citizen: You must have been married to your U.S. citizen spouse, in a legitimate marriage, for the entire three years leading up to your application.
- Continuous and Physical Presence in the U.S.: You must meet specific requirements regarding how much time you spent in the U.S. over those three years.
- Good Moral Character: You must demonstrate that you are a person of good moral character, which includes following laws and adhering to civic responsibilities.
The 90-Day Early Filing Rule
The United States Citizenship and Immigration Services (USCIS) allows applicants to file their citizenship application (Form N-400) up to 90 days before reaching the three-year anniversary of their green card.
For example, if your green card was issued on January 1, 2021, you would reach the three-year mark on January 1, 2024. With the 90-day rule, you could submit your application as early as October 3, 2023! Although you can file 90 days early, you must still meet all the other eligibility criteria required by USCIS.
Continuous and Physical Presence Requirements
One essential requirement a marriage-based green card holder must meet is that they have maintained both continuous residence and physical presence in the United States for the three year time period.
- Continuous Residence: Continuous residence means that you have lived in the U.S. without any extended absences. In general, trips abroad that last over six months break continuous residence.
- Physical Presence: You must be physically present in the U.S. for at least 18 months out of the three years leading up to your citizenship application.
Other Key Requirements for Citizenship
Marriage-based green card holders must also meet other general criteria for citizenship, including:
- English Language and Civics Test: Applicants must demonstrate basic proficiency in English and pass a civics test covering U.S. history and government; however, there may be age and disability exemptions.
- Good Moral Character: USCIS requires that all applicants show “good moral character,” which includes factors such as criminal history, tax obligations, and truthfulness.
- Selective Service Registration (for Male Applicants): Men between the ages of 18 and 26 must register with the Selective Service System if they were in the U.S. during that age range.
How does Divorce impact the Three-Year Rule?
If you divorce your U.S. citizen spouse, then you would no longer be eligible to apply for the three-year citizen pathway and would need to wait the standard five years before applying for citizenship.
Obtaining U.S. citizenship is an exciting finishing step for many marriage-based green card holders; however, knowing the eligibility requirements, timing, and specific documentation is essential to navigating the process smoothly. For personalized guidance, schedule a consultation with our U.S. immigration attorneys. Our attorneys are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe!
Please be advised that this is not legal advice. For advice specifically tailored to your situation, please schedule a consultation.
Current as of November 18, 2024