Short answer: If you have been married to and living with the same U.S. citizen for 3 years, and your spouse was a citizen that whole time, you can apply after 3 years as a permanent resident instead of 5. You can send Form N-400 up to 90 days before your 3-year green card anniversary, as long as the marriage part is already met.
What you need on the 3-year path
- 3 years as a permanent resident, with continuous residence. Time on a 2-year conditional green card counts.
- 3 years living in marital union with your U.S. citizen spouse, right before you file.
- Your spouse was a U.S. citizen for those 3 years.
- At least 548 days in the U.S. during the 3 years before you file (18 months).
- 3 months living in your state or USCIS district before you file.
- Still married to that citizen on the day you take the Oath of Allegiance.
- The same English, civics, and good moral character requirements as everyone else.
Source: USCIS Policy Manual, Volume 12, Part G, Chapter 3; 8 CFR 319.1.
Your 3 years start at the latest of three dates
Three clocks have to reach 3 years: your time as a permanent resident, your time living together as a married couple, and your spouse’s time as a citizen. The one that started last decides when you can apply.
The 90-day early filing window only shortens the permanent resident clock. The marriage requirement has to be fully met on the day you file. If you got your green card before you married, or your spouse became a citizen after you married, count 3 years from that later date, with no 90-day head start.
Examples
Living apart, separation, and divorce
Living apart for reasons you cannot control, such as military service or essential work, does not end the marital union, even if it lasts a long time.
A legal separation breaks the marital union. An informal separation is looked at case by case, based on whether the marriage has actually broken down.
If the marriage ends through divorce or your spouse’s death before you take the oath, you can no longer use the 3-year path. You can still apply on the 5-year path once you qualify.
There is a separate rule for spouses who were subjected to battery or extreme cruelty by their U.S. citizen spouse. They are exempt from the marital union requirement and should speak with an immigration attorney.
Source: 8 CFR 319.1(b); USCIS Policy Manual, Volume 12, Part G, Chapter 3.
Conditional green card still pending removal?
Time as a conditional resident counts toward the 3 years. If your Form I-751 to remove conditions is still pending when you file, USCIS reviews both cases. Ask an attorney how that affects your timing.
This is not legal advice
This page explains the general rule and where it is published. Speak with an immigration attorney about your own case.
Last reviewed October 26, 2026.