Questions Related to Marriage

Who can qualify for naturalization based on marriage?

A permanent resident applying for citizenship based on marriage MUST:

· Be married to a U.S. citizen for at least three years (you can apply 90 days before the third anniversary of obtaining his/her green card, but you must have already been married for a full three years);

· Have been living (and still living) with the U.S. citizen for at least three years; and

· the U.S. citizen must have had his or her citizenship for at least three years.

Is there anyone else who can qualify for naturalization after having a green card for three years?

There is a VAWA (Violence Against Women Act) exception. Green card holders who were approved for lawful U.S. residency based upon a Form I-360 VAWA self-petition, or who had the conditions on their green card removed, based upon a Form I-751 waiver based on battery or extreme cruelty, may be eligible to apply for U.S. citizenship after three years instead of the usual five years. Your green card will have a code that begins with “IB” if you are eligible for the VAWA exception.

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