Thinking about taking the plunge

[Trumplestiltskin 5,791]

I've been resident since 04/05 (Resident Since field on I-551) and am thinking about applying for naturalization.

My wife and I are currently living apart (though not formally separated or divorced). That being the case I'm wondering if it will be possible for me to apply for citizenship under the 3 year rule for married couples (as we were living together up until the end of 2009) or if I would have to wait until April/May and the 5th year anniversary.

Edited January 19, 2010 by Gene Hunt

[Kathryn41 3,205]

If your separation is caused by circumstances beyond your control that if they did not exist you would be living together, USCIS may well determine that you are still eligible to file under the 3 year category. Conflicting work requirements or education requirements qualify as factors that may prevent a couple from living together temporarily but they are still a happily married couple. If the reason for your separation is voluntary and under your control, then you would not meet the requirement of still living together in a marriage that is a requirement of the 3 year category. You need to be still married and together when you apply, and in fact when you take the oath. If that is the situation, then the best advice would be to wait until you reach your 5th anniversary of your green card.

Edited January 19, 2010 by Kathryn41

[shadowboxer 0]

Hi Gene,

If I was you, I'd wait out for the 5 year residency. It will make things so much easier...

Even though I am still happily married I decided to wait until the 5 years of residency had been fulfilled- thus reducing the paperwork and headaches of sending in everything but the kitchen sink with my N-400 application. Funny enough, my interview was scheduled for the day of my 6th wedding anniversary.

Unless you are in a situation where there is an urgent need to become a citizen ASAP I'd say just sit back and wait.

Good luck!

Shadowboxer

P.S.: Love your signature. Have not seen good old Guybrush in quite a while!

[NickD 203]

Meeting the marriage requirements for the N-400 wouldn't be bad if one knew to plan ahead.

When applying for the AOS, just make extra copies of all the required evidence and put that in a stack. Then add to that stack when applying for the I-751, and in our case, we got an RFE for updated evidence, not because there was anything lacking in our original evidence, but over a year went by before they even looked at it so wanted an update. Make extra copies of that to add to your N-400 stack. If you did that, your evidence for the N-400 would be done and over with.

As it was, didn't plan ahead, and had to dig up that same old evidence, again for the N-400, but probably because they thought my wife got her green card from a Cracker Jack box.

From your posts in OT, are sure you you really want to stay here. Wife wasn't laid off from work, but has to work twice as hard due to layoffs, between the both of us, have to put in about 130 hours a week just to stay level, and being taxed to death in the process. Took a huge beating on our 401K plan, but at least it returned to the value that we had paid in, but didn't get a cent ahead of that. Inflation rate on our CD's is greater than what interest we earn, and we have to pay extra taxes on that interest so we are losing money on that. Looking at other means to invest, but more of a position to get robbed than to make a couple extra bucks. No Christmas vacation for us, we both had to work. We find in our spare time, looking for a better country to move to, doesn't do any good to write to your senator nor your congressman, could be, if we had millions to support their reelection. Value of our home depreciated greatly, but our property taxes skyrocketed. Whichever way we turn, we are getting screwed like all other hard working Americans. And as a veteran of a foreign war, didn't like being treated like a criminal from our own USCIS. Am looking for alternatives.

[Krikit 1,165]

Post containing TOS violation removed.

[princess03 2]

I've been resident since 04/05 (Resident Since field on I-551) and am thinking about applying for naturalization.

My wife and I are currently living apart (though not formally separated or divorced). That being the case I'm wondering if it will be possible for me to apply for citizenship under the 3 year rule for married couples (as we were living together up until the end of 2009) or if I would have to wait until April/May and the 5th year anniversary.

if i'm reading your post correctly wouldn't you already be eligible for the 5 year citizenship?

[Trumplestiltskin 5,791]

4/27 isn't that far away, but since I moved out and came back to CA in November I've been out of work. If the N400 is anything like the AOS, I presume that you need to demonstrate that you have an income and aren't a public charge.

if i'm reading your post correctly wouldn't you already be eligible for the 5 year citizenship?

I figure I would be under the 3 year rule (if I'd applied in 2008), but as the wife and I are now living apart I'd have to wait until April

[princess03 2]

i thought you could apply 90 days prior to the full 5 years, atleast thats what i've been reading on here

[sunny808 1]

That is correct. IMHO, the OP could file next week under the 5 year rule.

i thought you could apply 90 days prior to the full 5 years, atleast thats what i've been reading on here

[Trumplestiltskin 5,791]

My question in that case - if I'm not currently working, is this likely to be a barrier to getting a petition approved?

[Kathryn41 3,205]

Absolutely no barrier. As long as you meet the residency, physical presence and good moral character requirements you are good to go. They don't require you to be employed. Your wife is still responsible for the Affidavit of Support until you become a citizen. There are no new requirements for citizenship.

[antda 13]

Gene Hunt- In answer to your question about employment...

Heck, I've had 0 paid jobs (but only a few volunteer jobs and am a homemaker/stay-at-home mom) since I've been here in the USA, and I was a student in my former country (Canada)...but still wrote all that down anyways....

After all, if you list all of your jobs/education for the last 5 years, they can't say that you didn't include such, and/or say that you lied about such...Better to tell the truth and include everything, than omit stuff...

Besides, it makes for good conversation if the Immigration Officer ever asks..."So what did you do in your former country, and here in the USA?"...lol..

Overall, it doesn't make a difference as to what job or how many jobs you have now or had before, as it doesn't affect it in terms of a person's qualifications for applying for citizenship (that would be discriminatory anways..as citizenship should be available for all, regardless of one's employment and/or education). In my opinion, they just want to see what you've been doing since you've been in the USA that's all (and to see if you've been paying taxes if you need to)....no harm in mentioning all your jobs/education...nothing to be ashamed of...

Needless to say I was approved, no problems at all...

Hope this helps too. Good luck with the rest of your journey.

Ant

My question in that case - if I'm not currently working, is this likely to be a barrier to getting a petition approved?

[Trumplestiltskin 5,791]

That's good to know - guess I have some food for thought.

[NickD 203]

Just wondered how one gets 675 bucks plus the expenses for those long trips if unemployed, or even eat. Was unexpectedly unemployed once, with three kids, a home mortgage, loans on two cars, and a boat, so quit getting loans and started saving in the bank to pay cash after that. Then kept a reserve, ex got a big hunk of that, and the problem with having a reserve, somebody is always trying to get their hands on it. It's a problem either way. It's nice having a wife that also experienced this and likes having a reserve as well.

Did buy some stocks to buy a new car, and will, if I can find one half the price, that is where my stocks are now.

[Trumplestiltskin 5,791]

Affording it isn't a problem, thankfully. Its purely a question of time.