3 years of living together? Involuntary separation?

[newlyweds2010 208]

I have been a resident for something more than 2 years now and we are approaching at full speed the 2y/9mo mark, at which point I should be able to apply for citizenship. I say "should" because my wife (USC) spent and plans to spend some time out of our home for work-related reasons. We live in California, but she works for an employer on the East Coast. In the past she did 6 weeks there 2-3 weeks here, working remotely. Now she is doing the opposite (2 months here working remotely, 2-3 weeks there). When not at home she either rented a room for a short period or she was with a friend from school. All her stuff (clothes, books, etc.) is at our home, her registered adress is at our home, she has a California driver's license, etc.

I am not sure whether we meet the "living with the same US citizen for the last 3 years" requirement. In the alternative, I know that you can still apply under the 3-year rule if you can show "involuntary separation", but how do you apply for that? Do you check the "other" box on the form and attach evidence of the reasons why you lived apart for a certain amount of time? Is it worth a try, or should I just wait and apply under the 5-year rule? Ultimately I don't want to throw $600 down the drain.

Thanks for your advice.

[bsd058 296]

I have been a resident for something more than 2 years now and we are approaching at full speed the 2y/9mo mark, at which point I should be able to apply for citizenship. I say "should" because my wife (USC) spent and plans to spend some time out of our home for work-related reasons. We live in California, but she works for an employer on the East Coast. In the past she did 6 weeks there 2-3 weeks here, working remotely. Now she is doing the opposite (2 months here working remotely, 2-3 weeks there). When not at home she either rented a room for a short period or she was with a friend from school. All her stuff (clothes, books, etc.) is at our home, her registered adress is at our home, she has a California driver's license, etc.

I am not sure whether we meet the "living with the same US citizen for the last 3 years" requirement. In the alternative, I know that you can still apply under the 3-year rule if you can show "involuntary separation", but how do you apply for that? Do you check the "other" box on the form and attach evidence of the reasons why you lived apart for a certain amount of time? Is it worth a try, or should I just wait and apply under the 5-year rule? Ultimately I don't want to throw $600 down the drain.

Thanks for your advice.

You're not separated at all. I don't know why you would think that you're not living with her. She is just away on business for 2-3 weeks at a time. Her primary address is the same as yours, and she's home most of the time. Why would you mention ANY separation? It's like having business trips. You don't have to count that as separation. At least I wouldn't.

[newlyweds2010 208]

You're not separated at all. I don't know why you would think that you're not living with her. She is just away on business for 2-3 weeks at a time. Her primary address is the same as yours, and she's home most of the time. Why would you mention ANY separation? It's like having business trips. You don't have to count that as separation. At least I wouldn't.

Thank you for your reply. Yeah, I had the same thought (no separation at all) but wanted to check. At least until a few months ago, she would be gone for 6 weeks and back for 2-3, I don't know if that would change your comment. I just want to make sure that I don't throw $600 away or - even worse - that I check the "living together for 3 years box", then the IO tells me that it is not true, and I end up in deep doo doo for misrepresentation.

[mozplay 29]

I don't see this as being an issue either BUT just in case someone asks about it, I would be prepared to show proof that you are still living together as a married couple. Don't send it in unless asked for it though. Just gather it and even take it to your interview ...just in case.

Where do you guys/your wife file taxes?

[bsd058 296]

Thank you for your reply. Yeah, I had the same thought (no separation at all) but wanted to check. At least until a few months ago, she would be gone for 6 weeks and back for 2-3, I don't know if that would change your comment. I just want to make sure that I don't throw $600 away or - even worse - that I check the "living together for 3 years box", then the IO tells me that it is not true, and I end up in deep doo doo for misrepresentation.

I don't believe it would be misrepresentation. If she goes out to get groceries, and isn't at home would you count that as 1.5 hours not living with you? I mean, the purpose of this question is to show that your main residences are not in separate places. This would show that there might be something wrong with the relationship, or quite possibly that you're not in a relationship with each other. But you're clearly in a relationship, and she clearly calls your address "home," along with you. Her work just takes her out of the state often. That's all.

[newlyweds2010 208]

I don't believe it would be misrepresentation. If she goes out to get groceries, and isn't at home would you count that as 1.5 hours not living with you? I mean, the purpose of this question is to show that your main residences are not in separate places. This would show that there might be something wrong with the relationship, or quite possibly that you're not in a relationship with each other. But you're clearly in a relationship, and she clearly calls your address "home," along with you. Her work just takes her out of the state often. That's all.

LOL, that made me laugh but it makes perfect sense. Thank you.

[newlyweds2010 208]

I don't see this as being an issue either BUT just in case someone asks about it, I would be prepared to show proof that you are still living together as a married couple. Don't send it in unless asked for it though. Just gather it and even take it to your interview ...just in case.

Where do you guys/your wife file taxes?

We file in CA and I believe that she is registered as an out-of-state employee with her East Coast employer (which, now that I think about it, is good); however since she has a W2 from that state, we (married filing jointly) pay state taxes there as well.

[NickD 203]

If it was you traveling to your home country like your wife is traveling to New York, you have to list all those trips on your N-400 and may have a problem.

With the USCIS a happy marriage is defined as paying taxes together, having a permanent residence where you are paying off the mortgage or rent together, sharing the same bank accounts, insurance, joint ownership of vehicles, and even having kids together, even though the latter is not necessary.

As long as you have that documentation, you will be okay.

[bsd058 296]

LOL, that made me laugh but it makes perfect sense. Thank you.

They don't call it reductio ad absurdum for nothing!! Good luck with your naturalization!

[newlyweds2010 208]

If it was you traveling to your home country like your wife is traveling to New York, you have to list all those trips on your N-400 and may have a problem.

With the USCIS a happy marriage is defined as paying taxes together, having a permanent residence where you are paying off the mortgage or rent together, sharing the same bank accounts, insurance, joint ownership of vehicles, and even having kids together, even though the latter is not necessary.

As long as you have that documentation, you will be okay.

Thank you. The time abroad since I became a LPR is not more than 1.5 months so far, and I am not planning to spend much time out of the country before I naturalize (maybe another 3-4 weeks or so).

We have all the documentation you listed (we do not have kids, though), so I guess we are good to go.

[Brother Hesekiel 2,236]

You still reside together.

Your wife may work on the East Coast and stay there due to cost and convenience-related issues, but as long as her "stuff" is still in your house and her driver's license has the same address as yours you are good to go.

A pilot may be in a different country several days a week, but he still resides where his "stuff" is. An astronaut may be working for months in outer space, but he too resides where his stuff is. And if your spouse works on an oil platform in the Golf of Malaysia but comes home to you when work's over, he or she is still residing with you.

[NickD 203]

It;s this damned gobal economy that snook up on us over the last 40 years, thanks mostly to a corporation controlled congress. My own kids are literally scattered all over the world to find jobs. Have grandkids that I haven't seen in five years, too damned expensive to buy airline tickets.

In my own neck of the woods, kids were able to stay on the farm, could buy land cheap and stay together as a family. Then land became short, property taxes skyrocketed with a lot less services, but somehow the corporate farms are doing well hiring an entire illegal family to run it without any benefits.

Would hope the USCIS is wise enough to know what is happening to this once great country.