Potts More

New Member
Hi fellas,

I've been reading some articles related to my immigration situation, I learned that when I-751 is approved under the abusive/battery rule, the applicant is eligible to apply for N-400 under the 3-year rule. Anyone whose spouse was U.S. Citizen and gets approved under ROC abuse waiver is eligible for naturalization at 3 years. Is that true?

I wonder if the length of the marriage has to be 3 years at least in order to apply for n400 USC, even under the granted DV waiver as well? Or as long as one is granted under abuse ground, the marriage length doesn't apply to the 3y rule?

Thank you so much!


Well-Known Member
It is true. The marriage length shouldn't matter. See USCIS Policy Manual, Volume 12, Part G, Chapter 3, section F-1:

A person is also eligible for naturalization under the spousal naturalization provisions if he or she had the conditions on his or her residence removed based on:

An approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (Form I-751), for a conditional permanent resident, if the marriage was entered into in good faith and the spouse was subjected to battery or extreme cruelty by the petitioning citizen or LPR spouse.