U.S. Citizenship and Immigration
Your Complete Guide
~ Updates and Errata ~
December 1999
Page 108
The USCIS takes the position that in order to qualify under the three years residence rule for the spouse of a U.S. citizen, the applicant must be married to, and living with, the citizen at the time of the naturalization interview. The Immigration and Nationality Act says that the applicant must meet these requirements only at the time the petition is filed. So, unless you are prepared to litigate your rights under the three-year rule, if you separate from your U.S. citizen spouse, you'll need five years permanent residence.