Натурализация супруги гражданина США (INA 319(a))

Примеры сценариев

Примеры сценариев приведены на английском языке.

• Eligible under INA §319(a); approval expected after interview, English/civics, and oath.

  Priya satisfies INA §319(a) = 8 U.S.C. §1430(a): 3+ years continuous LPR residence, marital union with the same U.S.-citizen spouse for the full 3 years, the spouse a citizen throughout, physical presence well over 18 months, and 3+ months Texas residence with GMC. She may file within the 90-day early window of her 3-year anniversary.

• Not yet eligible under §319(a); should use §316 5-year track or wait.

  INA §319(a) requires the spouse to have been a U.S. citizen for the ENTIRE 3-year period. Because Wei became a citizen only 1 year ago, Chen cannot yet use §319(a). Chen may instead naturalize under the general INA §316 5-year track (already met) or wait until Wei has been a citizen for 3 years while the marital union continues.

• Likely ineligible under §319(a) for failure to maintain marital union throughout; §316 remains available once 5 years accrue.

  Section 319(a) requires living in marital union for the ENTIRE 3-year period. The 8-month separation likely breaks the continuity of marital union even though the couple reconciled, defeating the reduced-residence track. Fatima is not barred from naturalizing — she can use the general INA §316 5-year track once she completes 5 years of continuous LPR residence and GMC, independent of marital status.

• May naturalize via INA §319(b) expedited track despite not meeting the 3-year durational residence.

  INA §319(b) = 8 U.S.C. §1430(b) waives the prior-residence and physical-presence durational requirements where the citizen spouse is regularly stationed abroad in qualifying U.S. employment. Carlos must show the qualifying employment, intent to reside abroad with the spouse, and intent to take up U.S. residence upon termination of that employment. GMC, English/civics (§312), and the §337 oath still apply; the durational residence does not.

• May access the §319(a) 3-year track via the VAWA exception despite the terminated marriage.

  The VAWA exception (added by Pub. L. 106-386, 2000) allows an abused spouse of a U.S. citizen to naturalize under INA §319(a) even where the marital union ended due to battery or extreme cruelty, provided the marriage was bona fide and the connection to abuse is established. Grace's approved I-360 supports this; she still must meet the 3-year continuous-residence, GMC, §312, and §337 requirements, but is relieved of the intact-marriage requirement.

• Eligible under §319(a); qualifies for the '55/15' English exemption but must still pass civics.

  Inés meets §319(a) (3-year marital union with a citizen spouse, residence, GMC). Because she is 55+ with 15+ years of LPR residence, the §312 '55/15' exemption (8 U.S.C. §1423(b)(2)) waives the ENGLISH requirement — but per VC-11 it does NOT waive civics, which she may take in her native language with an interpreter. Only a Form N-648 medical waiver could excuse civics as well.