10/15/2026
Denied after 8 years of marriage? A permanent resident married to a U.S. citizen since 2016 was denied citizenship under the 3-year rule. The marriage was real. So what went wrong? They lived apart.
The 3-year rule requires living in marital union with your citizen spouse for the full 3 years before filing. USCIS generally treats spouses who live apart as not living in marital union. The exceptions are narrow: involuntary separations like U.S. government or military service.
The warning flag: a private job contract or family caregiving is usually viewed as a voluntary reason for living apart. An appeal built on that faces an uphill climb. And the clock is running: the N-336 appeal deadline is 30 days from the decision, 33 if it was mailed.
One denied case does not end your path to citizenship. If you have 5 years as a permanent resident, refiling under the 5-year rule avoids the marital union issue entirely. The question is not whether you are eligible. It is which rule gives you the cleanest shot.
Take the free Immigration Strategy Review. Link in bio. Comment REVIEW and I will send you the link.
Save this if you are filing under the 3-year rule. Share it with someone whose spouse lives in another city.
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