please help, N400 issue!!!

[N400transfer 0]

Thank you for your reply, greatly appreciated:

My N400 interview is next month. I filed my N400 early this year in California based on 3 year marriage. Later in summer, I decided to go to graduate school at another state. I wish I can stay in California, but no good school accepted me and give me scholarship. I went back to California for my interview after couple weeks in the foreign state. However, the interview officer told me that since I am not physically present in California and my parents are not supporting me, so they have no jurisdiction over me. They need to transfer me to the field office where my university is located. I told him that I will come back to California after my program is over. I never change my driver license, lived in California for the past 10 years, filed income tax in California every year and I am only left California 7 weeks, my wife is still working in California.

I received my re-interview notice couple days ago. My re-interview will be next month.

However, I have one question. My wife is still working in California, there is a living together requirement in N400 that you have to living with you USC spouse if filed as 3 year. Will the interview officer deny my application if my wife work at California and I am in other state for school that we are not physically living together?

I found the federal immigration rule that govern my issue. However, it is not clear. See the following:

Base on 319(B)

(ii) Separation--

© Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

Do I qualify as involuntary separation since I am going to school at another state?

[moonhunt 1]

Thank you for your reply, greatly appreciated:

My N400 interview is next month. I filed my N400 early this year in California based on 3 year marriage. Later in summer, I decided to go to graduate school at another state. I wish I can stay in California, but no good school accepted me and give me scholarship. I went back to California for my interview after couple weeks in the foreign state. However, the interview officer told me that since I am not physically present in California and my parents are not supporting me, so they have no jurisdiction over me. They need to transfer me to the field office where my university is located. I told him that I will come back to California after my program is over. I never change my driver license, lived in California for the past 10 years, filed income tax in California every year and I am only left California 7 weeks, my wife is still working in California.

I received my re-interview notice couple days ago. My re-interview will be next month.

However, I have one question. My wife is still working in California, there is a living together requirement in N400 that you have to living with you USC spouse if filed as 3 year. Will the interview officer deny my application if my wife work at California and I am in other state for school that we are not physically living together?

I found the federal immigration rule that govern my issue. However, it is not clear. See the following:

Base on 319(B)

(ii) Separation--

© Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

Do I qualify as involuntary separation since I am going to school at another state?

You have to convince adjudicator - nice word for interview officer - that you are temporarily away for school purpose, so your permanent legal address should be considered as your address in driver license, where your wife is living.

It is no different than kids going to school in other states.

[k1spain 0]

Thank you for your reply, greatly appreciated:

My N400 interview is next month. I filed my N400 early this year in California based on 3 year marriage. Later in summer, I decided to go to graduate school at another state. I wish I can stay in California, but no good school accepted me and give me scholarship. I went back to California for my interview after couple weeks in the foreign state. However, the interview officer told me that since I am not physically present in California and my parents are not supporting me, so they have no jurisdiction over me. They need to transfer me to the field office where my university is located. I told him that I will come back to California after my program is over. I never change my driver license, lived in California for the past 10 years, filed income tax in California every year and I am only left California 7 weeks, my wife is still working in California.

I received my re-interview notice couple days ago. My re-interview will be next month.

However, I have one question. My wife is still working in California, there is a living together requirement in N400 that you have to living with you USC spouse if filed as 3 year. Will the interview officer deny my application if my wife work at California and I am in other state for school that we are not physically living together?

I found the federal immigration rule that govern my issue. However, it is not clear. See the following:

Base on 319(B)

(ii) Separation--

© Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

Do I qualify as involuntary separation since I am going to school at another state?

Hi,

I am in the same situation. My permanent address is NJ but I am studying in MI (for the next 2 years). What do you recommend me? Should I file with my MI address? Thanks.