Re-marriage and U.S. Citizenship: Can You Apply Under the 3-Year Rule?

For individuals who are married to U.S. citizens and have a green card, the path to U.S. citizenship can be complex. Specifically, when re-marriage affects eligibility, it's crucial to understand how laws treat such situations. This article aims to clarify the requirements and procedures for applying for U.S. citizenship when you’ve been married, divorced, and remarried.

Key Points to Consider

When seeking U.S. citizenship, the 3-year rule typically requires that you have been married to a U.S. citizen for at least 3 years and meet certain eligibility criteria. Here’s a comprehensive breakdown:

Current Marriage

Since you have remarried to your U.S. citizen spouse, the current marriage is the one that counts for the 3-year eligibility requirement.

Permanent Resident Status

It is essential that you have held permanent resident status (green card) for at least 3 years and have been living in marital union with your U.S. citizen spouse throughout this period.

Continuous Residence and Physical Presence

For eligibility, you must demonstrate continuous residency and physical presence in the U.S. for at least 18 months during the last 3 years. This means you can't be away from the U.S. for extended periods without losing your eligibility.

Good Moral Character

You must also prove that you have good moral character during the 3-year period preceding your application.

Application Process

To apply for U.S. citizenship under the 3-year rule, you will need to:

File Form N-400, the application for naturalization Provide evidence of your marriage and your permanent resident status Gather all necessary documentation to support your application

It is highly recommended to consult with an immigration attorney to navigate the process effectively and ensure all requirements are met.

Post 3 Years of Being a Legal Permanent Resident

After residing in the U.S. for 3 years, you can begin the process of applying for U.S. citizenship. It's important to note that the prerequisite of 3 years applies from the time you became a legal permanent resident, not from the time you were married.

Consulting with an Attorney

The complexities of immigration law mean that seeking legal advice from a qualified immigration attorney can be invaluable. Attorneys with experience in immigration law can provide personalized guidance and help navigate the application process effectively.

Moreover, in many large metropolitan areas with significant immigrant communities, local immigration assistance groups can provide valuable support and resources. It's always advisable to seek professional advice from these groups as well.

By understanding the requirements and seeking professional guidance, you can increase your chances of successfully applying for U.S. citizenship under the 3-year rule.