N-400 and living together for 3 years

[immigration999 0]

Dear experts and forum members,

I plan to submit my N-400 based on 3 years marriage.

We been married for almost 4 years but for initail 1.5 year, my wife was living in another city (same state) for completion of her bachelors degree in a university program and after completion, she moved with me where I am currently having my job.

We are now living together for over 2 years in a marriage of 4 years. During the time, when my wife was studying in another city, we both were visiting eachother.

During our initial CR interview, we told CIS officer about her studying and there was no problem.

Now I got my 10 year GC.

Please, advise if I can send N-400 and THANK YOU for the help.

[Jasman0717 9]

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

[immigration999 0]

I did read the instruction. If you read the eligibility work sheet, i qualify to apply...see page 54 of M-476

http://www.uscis.gov/files/article/M-476.pdf

Any input?

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

[Jasman0717 9]

I did read the instruction. If you read the eligibility work sheet, i qualify to apply...see page 54 of M-476

http://www.uscis.gov/files/article/M-476.pdf

Any input?

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

[Stella08 0]

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

Well, in the instructions it says:

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

Since you've been living with your spouse for just over two years, I don't think you qualify just yet.

[immigration999 0]

Did you see the eligibility work sheet and page 54?

I am a bit confused

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

Well, in the instructions it says:

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

Since you've been living with your spouse for just over two years, I don't think you qualify just yet.

[Stella08 0]

Did you see the eligibility work sheet and page 54?

I am a bit confused

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

Well, in the instructions it says:

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

Since you've been living with your spouse for just over two years, I don't think you qualify just yet.

I admit, the worksheet is a bit confusing. But read page 18 in the guide:

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

[immigration999 0]

Thanks Stella08 for your input.

This is what I found on this forum posted by lucyrich. The link to the thread/msg is:

http://www.visajourney.com/forums/index.php?showtopic=105415

See the USCIS published interpretations at http://www.uscis.gov/propub/ProPubVAP.jsp?...cb654fe4c2361d6.

In particular,

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.

...

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. Thus, where the citizen spouse has never been in the United States, eligibility under the current statute is not established even though petitioner resided abroad in marital union with the spouse during a part of the three-year period.

Followup Posting on the same thread for an answer:

After looking a bit and contemplating, you seem to be ok based on the second paragraph I quoted above "It is the further position ...". You were only separated due to essential business or occupational demands, and the separation was short. The third paragraph says that at least a "substantial portion" of the 3 years must be spent together in the US, and you seem to meet that. I'd guess you're good to go. But I certainly wouldn't discourage you from seeking a qualified professional opinion, and I'm definitely NOT a qualified professional.

As for the tax transcripts, yes, you should send them with the N-400. See the document checklist in the back of form M-476 (available on the USCIS site).

----

What do you think?

Did you see the eligibility work sheet and page 54?

I am a bit confused

Did you read the instructions for the N-400? http://www.uscis.gov/files/form/N-400ins.pdf

Well, in the instructions it says:

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

Since you've been living with your spouse for just over two years, I don't think you qualify just yet.

I admit, the worksheet is a bit confusing. But read page 18 in the guide:

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

[Stella08 0]

Well, I'm not a lawyer and over all this might depend on how the individual IO sees this. Why did you not move to the same city as your spouse? Did you have such a high career job that it was impossible to switch without a financial loss? Or did you attend a school yourself? I don't know...

My question is: Is it really THAT important that you file for citizenship right away? Why can't you wait another nine months or so? And then you won't have to take the chance that your case gets denied and you spent a lot of money for nothing.

[diadromous mermaid 36]

If you were living separately for purposes like career or education, you were in a viable marriage. The issue of residing separately and its impact upon eligibility for Naturalisation has more to do with parties that separate because the marriage itself is failing.

Dear experts and forum members,

I plan to submit my N-400 based on 3 years marriage.

We been married for almost 4 years but for initail 1.5 year, my wife was living in another city (same state) for completion of her bachelors degree in a university program and after completion, she moved with me where I am currently having my job.

We are now living together for over 2 years in a marriage of 4 years. During the time, when my wife was studying in another city, we both were visiting eachother.

During our initial CR interview, we told CIS officer about her studying and there was no problem.

Now I got my 10 year GC.

Please, advise if I can send N-400 and THANK YOU for the help.

[immigration999 0]

diadromous...thanks for reply.

The question here is not viabilty of marriage but elgibility to apply in my condition or not?

Thanks

If you were living separately for purposes like career or education, you were in a viable marriage. The issue of residing separately and its impact upon eligibility for Naturalisation has more to do with parties that separate because the marriage itself is failing.

Dear experts and forum members,

I plan to submit my N-400 based on 3 years marriage.

We been married for almost 4 years but for initail 1.5 year, my wife was living in another city (same state) for completion of her bachelors degree in a university program and after completion, she moved with me where I am currently having my job.

We are now living together for over 2 years in a marriage of 4 years. During the time, when my wife was studying in another city, we both were visiting eachother.

During our initial CR interview, we told CIS officer about her studying and there was no problem.

Now I got my 10 year GC.

Please, advise if I can send N-400 and THANK YOU for the help.

[KyngSilva 0]

If you think you have lived with your spouse for the requied amount of time as per your calculations, then go ahead and apply. If not, Wait!! If you doubt the advise from people in here, then contact USCIS or call an immigration lawyer, they can usually get it figured out really quick. Wish you the best of luck with your process.

And as per your statements above. You've been married for 4 years, 1.5 years she was in school. That leaves you with 2.5 years of living together. I'd wait for a few morre months and then apply as you are coming to close to your 3 year mark. The last thing you want them to do is deny you on a technicality, based on the fact that you did not live with your wife. Call an immigration lawyer to get clarification. Good luck