I am Married to a U.S. Citizen

Spouses of United States citizens may be eligible for naturalization on the basis of their marriage under the general naturalization requirements of the Immigration and Nationality Act (INA) modifying by some special provisions.

To be eligible for naturalization under section 319(a) of the INA, you must:

(1) Be at least 18 when you submit Form N-400, Application for Naturalization;

In order to apply for naturalization, you must be at least 18 years old.

(2) Be a lawfully admitted permanent resident of the United States for at least 3 years immediately before the date you file Form N-400;

Unlike the general naturalization requirements, which require 5 years of continuous presence as an LPR, you need to show 3 years of continuous residence in the United States. To be eligible, you must be a lawful permanent resident and show that you are married to a US citizen spouse.

(3) 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 USCIS adjudicates your application;

You must live together as a family with all the rights and responsibilities that come with it.

(4) Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;

To qualify for this requirement, you must show that you have resided in the state or service district, that you will apply for naturalization, for at least 3 months before filing your application. 

(5) Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately before the date you file your application;

You must prove continuous residence in the United States for 3 years (not for 5 years). To meet this condition, you must demonstrate that you haven't had any extended periods of absence from the country. 

It does not mean that you cannot travel onside the country, but you have to be careful how much time you spend abroad.

Remaining outside of the USA for longer than 6 months at a time will break the continuity of this requirement and you may be required to provide some evidence in your defense that you actually have not broken this rule. You may help yourself by showing that your immediate family remained in the U.S. or showing that you did not obtain employment outside of the U.S., etc. 

If you stay onside USA longer than 1 year at a time, this will certainly mean that you have broken the continuity of residence. You will not be able to provide evidence and the 3-year period will have to start over. 

(6) Reside continuously within the United States from the date you filed your application until the date you naturalize;

(7) 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;

You only need to demonstrate that you have been physically present in the U.S. as a lawful permanent resident for half of the last 3 years (rather than 5 years according to the general requirements) before applying for naturalization. To be eligible, you must be a lawful permanent resident, married to a U.S. citizen, and have lived in a marital union with your U.S. citizen spouse for at least 3 years since obtaining your permanent residency.

(8) 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); 

You must demonstrate that you understand English language by performing an English proficiency test. You will be required to do this during the Naturalization interview, which is a part of the Naturalization process.

(9) 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.

You need to demonstrate good moral character for the 3-year period (not 5 years) immediately preceding your naturalization application. To qualify, you must be a lawful permanent resident, married to a U.S. citizen, and have lived in a marital union with your U.S. citizen spouse for at least 3 years since obtaining your permanent residency.

Some factors that could show lack of good moral character could be:

• Committing one or more “crimes involving moral turpitude” (CIMT);
• Being involved in prostitution;
• If  you have violated any laws regarding controlled substances (other than single offense for simple possession of 30 grams or less of marijuana);
• If you have been involved in alien smuggling;
• If you have practiced or are practicing polygamy.