N400 – Where to file if my spouse and I are living in different states?

[mawilson 2,133]

rjk_usa27 - I think the thing that most of us don't understand is the need to file immediately while the facts surrounding this case are unusual. Is there a reason why this can't wait a year or two until you are back with your wife and living in the same place?

But why? It doesn't matter in the slightest whether you're living together or separately.

[Dakine 26]

USCIS can give you guys a TOUGH time at the interview if you don't live together. Gets down to her having not having the right to file in 3 years instead of 5 years if you are no longer together.

What interview? There's no USCIS requirement that you live together with your wife

after the filing of the N-400.

There is a requirement of living together up to filing the N400!

And people have been quizzed BIGTIME about such at the naturalization "interview".

Who May File Form N-400?

You have been married to and living with the same U.S. citizen for the last three years,

[mawilson 2,133]

USCIS can give you guys a TOUGH time at the interview if you don't live together. Gets down to her having not having the right to file in 3 years instead of 5 years if you are no longer together.

What interview? There's no USCIS requirement that you live together with your wife

after the filing of the N-400.

There is a requirement of living together up to filing the N400!

And people have been quizzed BIGTIME about such at the naturalization "interview".

Who May File Form N-400?

You have been married to and living with the same U.S. citizen for the last three years,

Correct - BEFORE the filing, not AFTER.

The OP has been married for 4 years, living together with his wife for 3.5 years.

[jamieswith 0]

USCIS can give you guys a TOUGH time at the interview if you don't live together. Gets down to her having not having the right to file in 3 years instead of 5 years if you are no longer together.

What interview? There's no USCIS requirement that you live together with your wife

after the filing of the N-400.

There is a requirement of living together up to filing the N400!

And people have been quizzed BIGTIME about such at the naturalization "interview".

Who May File Form N-400?

You have been married to and living with the same U.S. citizen for the last three years,

Correct - BEFORE the filing, not AFTER.

The OP has been married for 4 years, living together with his wife for 3.5 years.

No! it says for the LAST 3 years... i.e. up until the time of the application/interview!

For citizenship before the 5 year point you have to prove that the marriage is still bonefide... living appart/being seperated might call that into doubt.

[mawilson 2,133]

No! it says for the LAST 3 years... i.e. up until the time of the application/interview!

Living together with your US citizen spouse for the last 3 years is what makes you

eligible for naturalization after only 3 years of residence (instead of 5.)

So yes, you have to have lived together for 3 years prior to the filing of the N-400.

For citizenship before the 5 year point you have to prove that the marriage is still bonefide... living appart/being seperated might call that into doubt.

Wrong. The only requirement is that you still be married.

[jamieswith 0]

No! it says for the LAST 3 years... i.e. up until the time of the application/interview!

Living together with your US citizen spouse for the last 3 years is what makes you

eligible for naturalization after only 3 years of residence (instead of 5.)

So yes, you have to have lived together for 3 years prior to the filing of the N-400.

For citizenship before the 5 year point you have to prove that the marriage is still bonefide... living appart/being seperated might call that into doubt.

Wrong. The only requirement is that you still be married.

Then why do they require you to prove you are still at the same address? still have joint accounts? still file joint returns?

[jamieswith 0]

No! it says for the LAST 3 years... i.e. up until the time of the application/interview!

Living together with your US citizen spouse for the last 3 years is what makes you

eligible for naturalization after only 3 years of residence (instead of 5.)

So yes, you have to have lived together for 3 years prior to the filing of the N-400.

For citizenship before the 5 year point you have to prove that the marriage is still bonefide... living appart/being seperated might call that into doubt.

Wrong. The only requirement is that you still be married.

Then why do they require you to prove you are still at the same address? still have joint accounts? still file joint returns?

There's a post right here:

http://www.visajourney.com/forums/index.ph...p;#entry2285863

That shows you the actual law on this, and the risks involved and stated by others here.

[mawilson 2,133]

No! it says for the LAST 3 years... i.e. up until the time of the application/interview!

Living together with your US citizen spouse for the last 3 years is what makes you

eligible for naturalization after only 3 years of residence (instead of 5.)

So yes, you have to have lived together for 3 years prior to the filing of the N-400.

For citizenship before the 5 year point you have to prove that the marriage is still bonefide... living appart/being seperated might call that into doubt.

Wrong. The only requirement is that you still be married.

Then why do they require you to prove you are still at the same address? still have joint accounts? still file joint returns?

They want to see that you have lived together for the past 3 years.

[mawilson 2,133]

There's a post right here:

http://www.visajourney.com/forums/index.ph...p;#entry2285863

That shows you the actual law on this, and the risks involved and stated by others here.

Yes, thank you. That's exactly what I've been saying.

All that is required after the filing date is that you live in valid marital union.

[jamieswith 0]

There's a post right here:

http://www.visajourney.com/forums/index.ph...p;#entry2285863

That shows you the actual law on this, and the risks involved and stated by others here.

Yes, thank you. That's exactly what I've been saying.

All that is required after the filing date is that you live in valid marital union.

The post was explaining why many misunderstand the law to mean what you think it means...

I think in your eagerness to prove yourself right you missed an important part of the post, this bit:

8 CFR 319.1 talks about the requirement to live in valid marital union prior to the examination date.

According to 8 CFR 319.1, it looks like if you actually have a legal separation or divorce before your interview or oath, then you'll be ineligible to naturalize under the "3 years married to US Citizen" provision, and you'd have to file another N-400 when you have completed 5 years less 90 days as a LPR.

[mawilson 2,133]

Specifically, 8 CFR 319.1 (b)(2)© says:

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.

[mawilson 2,133]

I think in your eagerness to prove yourself right you missed an important part of the post, this bit:

I know what I'm talking about, dude... been around longer than you have.

[jamieswith 0]

The danger is how the IO will interpret the seperation.

The same section says "Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union."

It's up to the IO to determine if he believes they really were seperated by circumstances beyond their control... it makes it a lot more risky and complex....

In order to convince the IO that the seperation does not signify the dissolution of the marital union you're going to have to prove to him the validity of the relationship... as well as the circumstances which forced the seperation beyond their control.

Specifically, 8 CFR 319.1 (B)(2)© says:

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.

[mawilson 2,133]

The same section says "Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union."

Separation due to business or occupational demands is not considered "informal separation".

Yes, the burden is on the applicant to establish that, but it's perfectly legal nonetheless.

[diadromous mermaid 36]

I don't see an issue. She can file in Florida, a long as she is prepared to go there for the interview and ceremony.

To those that are not inclined to agree, please do not confound a marital separation with a case where individuals who are in a viable and sustaining marrige having to reside elsewhere for professional or educational purposes.

Hi, I am a naturalized U.S Citizen, happily married for close to 4 years with a beautiful child. My wife has been a green card holder for 3 years and wants to apply for her citizenship. 6 months ago she moved to California because she got into pharmacy school while I stayed in Florida because of work. I visit her once a month and she comes down to Florida during breaks. After she is done with school, she will move back to Florida.

All our records are under the Florida address. Tax returns, bank accounts, licenses, child’s birth certificate, etc..

Should she file her N400 under the Florida address or California address? If she files under Florida, she will have to make a trip to Florida for, I believe, biometrics, interview and oath ceremony. Correct? She prefers to file in California. Is this ok?