Path to citizenship for spouses: Form N-400 and the 3-year rule
Every fact links to its official source. Fees and processing times change; confirm on the linked page before you file. Last checked Oct 18, 2026.
Disclaimer: This guide is general information, not legal advice. Mabuhay & Beyond is not a law firm and can't help with individual cases or fill out forms. Rules and fees change; always confirm with USCIS and the U.S. Department of State, and consider talking to a licensed immigration attorney.
Talk to a licensed immigration attorney
Every case is different. Before you file, especially if there's a prior visa denial, overstay, criminal record, previous marriage, or big age or income question, we strongly recommend speaking with a licensed U.S. immigration attorney. Many offer low-cost first consultations.
Find an immigration attorney (AILA)
Looking for free or low-cost help? See the DOJ list of pro bono legal service providers.
Mabuhay & Beyond has no referral or affiliate arrangement with any attorney, AILA, or the DOJ.
Most permanent residents wait 5 years to apply for citizenship, but USCIS has a 3-year route for people married to and living with a US citizen. Here is what USCIS lists, with the fee from G-1055.
The 3-year rule (INA 319(a)), per USCIS
- At least 18 when you file Form N-400
- A permanent resident for at least 3 years immediately before filing
- Living in marital union with your US citizen spouse for those 3 years and while the application is pending
- At least 3 months living in the state or USCIS district where you apply
- Continuous residence for 3 years, and residing continuously in the US from filing until you naturalize
- Physically present in the US for at least 18 months of the 3 years
- English (read, write, speak) and civics knowledge; good moral character and attachment to the Constitution. USCIS: I am married to a US citizen
Filing
- You can file N-400 up to 90 calendar days before you complete the continuous residence requirement. USCIS N-400
- Fee (G-1055, edition 10/16/26): $760 paper / $710 online; $380 reduced fee (paper only) with documented household income at or below 400% of the federal poverty guidelines; fee waivers via Form I-912. G-1055 (edition 10/16/26) · USCIS N-400
- File online with a USCIS account, or by mail at the N-400 direct filing address. USCIS
- USCIS says a properly filed N-400 receipt notice extends a green card for 2 years from its "Card Expires" date. USCIS
Documents USCIS lists for a spouse of a US citizen
- Copy of your green card (both sides); current marriage certificate
- Evidence of your spouse's US citizenship for the last 3 years (US birth certificate, naturalization or citizenship certificate, passport bio page, or FS-240)
- Evidence all prior marriages of both spouses ended
- Continuous residence evidence if you took trips of more than 6 months but less than 1 year. USCIS N-400 checklist
FAQ
- Can a spouse of a US citizen apply for citizenship after 3 years?
USCIS says yes if they have been a permanent resident for 3 years, living in marital union with the citizen spouse, and meet the other requirements such as 18 months of physical presence. - What is the N-400 fee?
$760 paper or $710 online under G-1055 edition 10/16/26; a $380 reduced fee is available on paper for eligible incomes.
Disclaimer: This guide is general information, not legal advice. Mabuhay & Beyond is not a law firm and can't help with individual cases or fill out forms. Rules and fees change; always confirm with USCIS and the U.S. Department of State, and consider talking to a licensed immigration attorney.
Talk to a licensed immigration attorney
Every case is different. Before you file, especially if there's a prior visa denial, overstay, criminal record, previous marriage, or big age or income question, we strongly recommend speaking with a licensed U.S. immigration attorney. Many offer low-cost first consultations.
Find an immigration attorney (AILA)
Looking for free or low-cost help? See the DOJ list of pro bono legal service providers.
Mabuhay & Beyond has no referral or affiliate arrangement with any attorney, AILA, or the DOJ.
