Have you held lawful permanent resident status for at least five years — or three years if you are filing as the spouse of a U.S. citizen?
In short
**INA § 316 = five years** of LPR status with continuous residence and physical presence in the U.S. **INA § 319(a) = three years** if your spouse has been a U.S. citizen for the entire three years *and* you have been living in marital union with that spouse for the entire three years. The marital-union requirement is strict — separation, even without divorce, can disqualify you from the three-year rule.Context & Examples
Real example — Patricia, Sacramento. Patricia got her green card through marriage in March 2022 and her conditional status was removed via I-751 in 2024. She wanted to file in March 2025 under the three-year rule. We pulled her marriage timeline: she and her husband had separated for 7 months in 2023 during a difficult patch (no divorce filed, they later reconciled). Filing under § 319(a) would have invited USCIS to question marital union for the entire three years. We filed under § 316 in March 2027 instead — same outcome, no risk.
Why early-filing matters: N-400 timelines stretch 8–14 months in Sacramento and 10–16 months in Phoenix. Filing 90 days before eligibility means the oath ceremony lines up close to the actual anniversary.
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