How long after green card can you apply for citizenship

Now that you are married and have a marriage-based green card, you may be wondering when you can apply for U.S. citizenship. If your spouse is a U.S. citizen, you can apply for citizenship not too long after you get your green card. The wait time will be longer if your spouse is a lawful permanent resident rather than a U.S. citizen.

The Timeline of U.S. Citizenship After Marriage

Once you attain status as a lawful permanent resident of the U.S., you can apply for U.S. citizenship after three years as long as you remain married and reside with your U.S. citizen spouse. You can even submit your application as soon as 90 days before you hit the three-year mark.  You can also submit your application even if your I-751 petition to remove conditions on residence is still pending.  Other applicants must have permanent resident status for at least five years before they become eligible for citizenship. 

Once you are eligible for citizenship, you will need to submit the proper paperwork to apply for naturalization, which is the term used to describe the process of becoming a U.S. citizen. Once documents are filed, you will receive a receipt showing your case is pending and will soon be scheduled for an interview.  At the interview, the office will review your application and conduct the English and civics exams, unless you qualify for an exemption to the exams.  Applicants who receive approval are then scheduled for a naturalization ceremony where they take an oath of allegiance to the United States. After receipt of your naturalization certificate, an applicant can apply for a U.S. passport and register to vote.

U.S. Citizenship Requirements for Married Permanent Residents

To become a U.S. citizen after marriage, you must meet several requirements. You must:

• Be 18 years or older
• Be a permanent resident (green card holder) of the U.S. for at least 3 years
• Have lived within the state in which you are applying for at least 3 months
• Have been living in “marital union” with a U.S. citizen spouse for at least 3 years
• Have had “continuous residence” in the U.S. for at least 3 years
• Be physically present in the U.S. for at least 18 months out the previous 3 years
• Pass an English test and U.S. history and government test
• Demonstrate “good moral character” for the past 3 years

If you meet all these requirements, talk to an immigration attorney now to ensure you understand how to properly submit documentation and application fees and how to succeed during the interview process. Planning ahead will save you time and stress in the future.

Contact an Immigration Attorney for Help with U.S. Citizenship After Marriage

While three years seems like plenty of time to figure out how to prepare your U.S. naturalization application after getting a green card through marriage, it is important to take the right steps and start planning now. 

If you are unsure when you can apply for citizenship after getting a green card through marriage, want help demonstrating your eligibility, or have other immigration questions, contact an experienced immigration attorney at The Law Offices of Robert M. Bell, P.A. We are happy to help address your concerns and will fight to help you achieve U.S. citizenship after marriage. To speak with our team, contact us at (954) 241-4209.

For some people who hold a green card (lawful permanent residence), it's possible to apply for naturalized U.S. citizenship after three years rather than the usual five. This article will take a closer look at who might be eligible for this.

by , California Attorney

You might have heard that, for some people who hold a green card (lawful permanent residence), it's possible to apply for naturalized U.S. citizenship after three years rather than the usual five. This article will take a closer look at who might be eligible for this.

Exceptions Allowing Citizenship After Fewer Than Five Years

Again, most lawful permanent residents must wait a full five years before applying for U.S. citizenship. Here are the main exceptions.

• If you are married to a U.S. citizen, you might qualify to apply for naturalization after three years. This assumes the following: you are currently married to and living with a U.S. citizen; you have been not only married to but also living with that same U.S. citizen for the past three years; and your spouse has, in fact, been a U.S. citizen for those past three years.
• If you are an asylee, then you must wait four years after your approval for U.S. permanent residence (because your year as an asylee counts; in fact, you will notice that your green card is already back-dated one year).
• If you are a refugee, you must wait five years from your date of U.S. entry, because all your time as a refugee in the U.S. counts toward permanent residence. You are expected to apply for a green card one year after entering the U.S. as a refugee, but even if you wait longer, your time in refugee status will count as if it were lawful permanent resident status.
• If you are a current or former military member or spouse of a military members who died during active duty in the U.S. Armed Forces, other special rules apply, which are beyond the scope of this article. See How to Get U.S. Citizenship Through Military Service.

Your permanent residency begins on the date you were granted your permanent residence status. Look at your permanent residence card. It will state the date.

How Continuous U.S. Residence Requirement Might Affect Counting Your Years as a Permanent Resident

Special rules apply if you have taken long trips outside of the United States; that is, trips of six months or longer. You might have thus disrupted your "continuous residence" (unless you can prove otherwise), and you will not be eligible for naturalization without waiting longer to apply.

There are, however, exceptions to this rule, which are beyond the scope of this article. If this is your situation, you might still be eligible to successfully apply for naturalization at a later time. Speak to an immigration attorney to review the facts and circumstances of your case.

How U.S. Physical Presence Requirement Might Affect Counting Your Years as a Permanent Resident

If your application is based on being a permanent resident for three years, then you must prove that you were physically present in the U.S. for 18 months within that three-year time period before applying for naturalization.

If your application is based on being a permanent resident for five years, then you must prove that you were physically present in the United States for 30 months within the five-year time period before applying for naturalization.

You must also have resided in the USCIS district or state in which you are applying for citizenship for the last three months before submitting your naturalization application. Students may apply in the district either where they go to school or where their family lives (as long as they are still financially dependent on their parents).

According to USCIS, you may file for your naturalization 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a permanent resident for at least five years; or a permanent resident for at least three years, if married to a U.S. citizen. (Again, note that you need to have lived with your spouse in the United States for three full years before applying for naturalization under the three-year exception.)

There are many other eligibility requirements that you must satisfy, besides those listed above, in order to qualify to become a naturalized United States citizen. (See 8 U.S.C. § 1427.) As you can not only be denied your citizenship but also lose your permanent residency should problems arise in your case, it is always a good idea to consult with a lawyer before applying for naturalization.

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