On October 12, 2018, USCIS updated its Policy Manual to provide clarification on the requirements for filing for naturalization on the basis of marriage to a U.S. citizen.  Generally, such applicants must be “living in marital union,” (e.g., physically living together), for at least three (3) years immediately before filing for naturalization, and they must be married to a U.S. citizen at the time of filing.

USCIS’s update to the Policy Manual makes it clear that the applicant and his or her U.S. citizen spouse must be married at the time of filing for naturalization and when the applicant takes the Oath of Allegiance. However, the “living in marital union” requirement must only be true as of the date of filing for naturalization.

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