Applying for N-400- but US husband is in Canada

[KJ79 0]

Howdy,

Long story short - i'm approaching my 3 yr anniversary and would like to file for citizenship. I'm a Canadian citizen / US permanent resident. My husband is American.

As far as I can tell I meet all the requirements for being approved -- HOWEVER my US husband has been in Canada for the last 2 months going to a Canadian university. So there is a question about our residing together. I maintain our address and home in Texas, but he is up in Canada going to school pursuing a degree.

Am I out of luck? Thoughts?

Thanks,

-KJ

[Jasman0717 9]

I assume this trip to Canada is temporary and you do have prior history of residing together so you shouldn't have any problem as long as you can show proof.

Good luck! I need to get Claudeth busy with hers too.

[Chica Yeyé 41]

Not out of luck, since your husband's stay in canada is temporary; and you are still married.

File away.

[lucyrich 20]

I don't think you have a big problem, but you may want to look at the USCIS interpretations, section 319.1.

Go to www.uscis.gov, click on the "laws and regulations" tab, then click on "interpretations" to the left, click on "interpretations", and scroll down to 319.1.

Some extractions:

(2) Marital union for purposes of section 319(a) . The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse. 13 /

...

It is the further position of the Service that, where a petitioner and spouse do not live apart by choice, or because of a legal separation or marital difficulties, but solely as a result of circumstances beyond their control, such as service in the armed forces of the United States or essential business or occupational demands, such separation ­even when prolonged ­does not preclude naturalization under this section.

It has been held, however, that the residence in marital union, or at least a substantial portion thereof, must be in the United States, with the citizen spouse.

You may want to read these in context with the rest of the 319.1 interpretations. I think you're still ok, but you may be starting to head toward a slightly grey area.