🇺🇸 CitizenshipAsked by: AC · Chicago, IL · April 12, 2026

Divorced 2.5 years after getting my green card. Can I still naturalize under the 3-year rule?

I got my green card through marriage to a US citizen in October 2023. In April 2026 we divorced. I've heard about filing N-400 in 3 years instead of 5. Does that apply to me?

N-4003-year rulemarriage-based
1

Answers (1)

ИФ
Answered by
Ilya Fishkin
Immigration attorney, 18 years of practice · April 12, 2026

Unfortunately, the 3-year rule under INA §319(a) requires you to be living in marital union with the US citizen spouse for three continuous years before filing N-400, AND at the time of filing. Divorce before filing automatically removes you from this category — regardless of how long the marriage lasted.

What this means: you'll need to wait the standard 5 years from your green card date — October 2023 — so you can file from October 2028 (or up to 90 days earlier, around July 2028).

If you have a 2-year conditional green card, removing conditions through I-751 is a separate issue. After divorce you'd file with a "good-faith marriage that ended in divorce" waiver. Resolve that before counting toward citizenship.

Ask this attorney a follow-up in private

⚖️ This is not legal advice

This answer is published for informational purposes and addresses a typical scenario. Every immigration case is unique — always consult a licensed attorney before acting.

💬 Ask a question for free

Different situation? Describe it — an attorney will reply publicly.

Ask a question for free →