N-400 3 year rules by marriage

[NataliV 0]

Hi everyone!

When I eligible to apply n-400 if I married 4 years, in January 2026 will be 3 years my green card, my husband citizen since January 2025 ?

Gpt sure me that I can do it , and that many cases was approved when the spouse was not supposed to be a citizen all 3 years , just he should be a citizen when I’m applying n-400 and we should be still married . And that uscis use rules from institutions n-400 , not from Policy manual. 

Is it true? 
 

 

[appleblossom 4,972]

Just now, NataliV said:

Hi everyone!

When I eligible to apply n-400 if I married 4 years, in January 2026 will be 3 years my green card, my husband citizen since January 2025 ?

Gpt sure me that I can do it , and that many cases was approved when the spouse was not supposed to be a citizen all 3 years , just he should be a citizen when I’m applying n-400 and we should be still married . And that uscis use rules from institutions n-400 , not from Policy manual. 

Is it true? 
 

 

 

Don't use AI for immigration advice.

 

How long have you been living together and married for?  

Edited 14 hours ago by appleblossom

[OldUser 10,537]

- Citizen must be a citizen for 3 years

- You should live with citizen for 3 years as a married couple

- You have to have GC for 3 years

Edited 13 hours ago by OldUser

[NataliV 0]

7 minutes ago, appleblossom said:

 

Don't use AI for immigration advice.

 

How long have you been living together and married for?  

We are married 4 years , living about 5 years . 

[OldUser 10,537]

5 minutes ago, OldUser said:

- Citizen must be a citizen for 3 years

- You should live with citizen for 3 years as a married couple

- You have to have GC for 3 years

And based on that, it looks like it's just easier for you to apply in 2028 under 5 year rule, than rely on your husband being a citizen for 3 years in 2028.

[appleblossom 4,972]

Just now, NataliV said:

We are married 4 years , living about 5 years . 

 

OK. So by my reckoning, you can apply around the same time whether you choose to apply under the 3 year rule (marriage to citizen) or the 5 year standard rule.

 

Marriage would be application around September 2027 (90 days before the 3 year anniversary of your husband becoming a citizen), and general would be the same time (90 days before the 5 year anniversary of you having your GC). So personally I'd just apply under the general rule to keep things easy.

 

Good luck. 

[OldUser 10,537]

5 minutes ago, appleblossom said:

Marriage would be application around September 2027 (90 days before the 3 year anniversary of your husband becoming a citizen),

I don't think 90 day early filing provision applies to marital union or requirement of US citizen being a citizen for 3 years. The way I understand, 90 day only applies to anniversary of being LPR.

 

5 year rule would be easier at that point, because it would allow filing 90 days early without risk of being dinged for other requirements 

Edited 13 hours ago by OldUser

[appleblossom 4,972]

Just now, OldUser said:

I don't think 90 day early filing provision applies to marital union or requirement of US citizen being a citizen for 3 years. The way I understand, 90 day only applies to anniversary of being LPR.

 

5 year rule would be easier at that point, because it would allow filing 90 days early without risk of being dinged for other requirements 

 

It's anniversary of continuous residence, but the other criteria must be met as well to apply for citizenship anyway. So either way about the same time, I agree OP should apply under 5 year rule for ease.