Can an Employment-Based Green Card Holder Naturalize in Three Years if Married to a U.S. Citizen?

The new question I will answer today concerns when a person is eligible for a green card. The question is “So if I have obtained a green card through my job, but I’m also married to United States citizen. Do I qualify to get an apply for U.S. citizenship under the three rule or the five year rule? Thank you very much”

When are you eligible for U.S. citizenship once you have a green card?

According to USCIS,“[t]o be eligible for naturalization based on being a lawful permanent resident for at least five years, you must:

• Be at least 18 years old when you submit Form N-400, Application for Naturalization;
• Show you have been a lawfully admitted permanent resident of the United States for at least five years;
• Demonstrate continuous residence in the United States for at least five years immediately before the date you file Form N-400;
• Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400;
• Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence. (If you are a student and are financially dependent on your parents, you may apply for naturalization where you go to school or where your family lives.);
• Show that you are a person of good moral character and have been a person of good moral character for at least five years immediately before the date you file Form N-400;
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution;
• Be able to read, write and speak basic English;
• Have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States, (civics); and
• Take an Oath of Allegiance to the United States.”¹

What if I am married to a U.S. citizen?

If you are married to a U.S. citizen, the process is faster. You will need:

• “Be at least 18 when you submit Form N-400, Application for Naturalization;
• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;
• Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;
• Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.”²

1. U.S. Citizenship & Immigr. Servs., I Am a Lawful Permanent Resident of 5 Years, U.S. Citizenship & Immigration Services, https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-a-lawful-permanent-resident-of-5-years (last visited Feb. 10, 2025). ↩︎
2. U.S. Citizenship & Immigr. Servs., I Am Married to a U.S. Citizen, U.S. Citizenship & Immigration Services, https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen (last visited Feb. 10, 2025). ↩︎

Key differences when married to a U.S. citizen

The biggest advantage of being married to a U.S. citizen and seeking a green card is that you can obtain it faster.

• You can be a lawfully admitted permanent resident of the United States for three years instead of five.
• You can demonstrate continuous residence in the United States for three years instead of five years immediately before the date you file Form N-400;
• You can be physically present in the United States for 18 months out of the three years immediately instead of 30 months out of the five years before the date you file your application;
• You need to show that you are a person of good moral character and have been a person of good moral character for at least three years immediately before the date you file Form N-400 instead of five years.’

Therefore, if you are a U.S. green card holder, you can reduce the time you are eligible for U.S. citizenship from five year to three years.

If I have an employment based green card, would I be eligible for a green card under the three-year rule if I am married to a U.S. citizen?

Under the applicable code, if a green card holder received an employment-based green card, so long as they are married to a U.S. citizen and fulfill the requirements stated above, the permanent resident would be able to apply for U.S. citizenship under the three-year rule. 8 USC 1430, which is the code which discusses eligibility for naturalization when married to a U.S. citizen, does not exclude employment-based green card holders. Therefore, so long as you meet the additional qualifications stated above, an employment-based green card holder married to a U.S. citizen would be eligible for a green card after three years.

Last Updated on March 1, 2025 by Ernest J. Edwards

Ernest J. Edwards Immigration Lawyer

Ernest J. Edwards is an immigration lawyer focused on providing guidance for employers, professionals and families aimed at assisting them to work, visit and immigrate to the United States.

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