3 Year Rule for Citizenship? Have to live together to qualify for? (merged)

[sk88888 0]

Hi Visa Journey fellows,

I finally got the conditional removed on my GC after an RFE and at the same time I am now eligible to apply for Citizenship based on 3 years marriage to USC. Since we are living in different states due to jobs. Are they looking heavily on testing our Bona Fide Marriage again? or more of English/Civic Test/Moral character...etc?

For those of you who are applying based on 3 year marriage, what are the documents you are sending in that referring to you and your spouse? because I went thru the document checklist M -477,

It is said on # 4 Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; or

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; or

c. An IRS tax return transcript for the last 3 years.

Since it is said " OR" can I just send joint tax transcripts for the last 3 years, plus basic documents such as photos, etc..

Any suggestions?

[VanessaTony 3,567]

I sent only tax transcripts (plus the form, passport photos etc)

Given you live apart I suggest you take proof of maintaining your marital relationship to the interview. You may receive a yellow letter asking for it but it's usually the civics test etc. Some people HAVE been asked more questions about their relationship and your situation suggests you may as well.

Also, although the USC is not required, in your situation I suggest your USC spouse attend (mine will anyway because this is the last important step in the process - before the Oath - and we're doing it together).

[HeatDeath 430]

+1 above.

For the N-400, your read of those "OR"s is correct. You can just send tax transcripts. That's all I did.

The interview notice will come with a checklist of documents to bring. One of the line items is relationship evidence, similar to that requested for RoC. For that I looked through the list of evidence I sent in for RoC, and took 2-3 items from each category that I sent in from RoC covering the period of the last year (since my RoC filing).

The IO had no interest in looking at any of it.

Here's my RoC cover letter and list, for reference:

http://www.visajourney.com/forums/topic/336576-i-751-cover-letter-and-list/

Edited July 15, 2013 by HeatDeath

[Indomex 10]

In the N400 form, Part 2 it says the following:

I have been an LPR for atleast 3 years AND I have been married to AND LIVING WITH the same US Citizen for the last 3 years

The above statement seems to require a stronger condition to be fulfilled than just the bonafide marriage requirements for I-751. i.e. Legit marriages without cohabitation do not qualify for the 3 yr N400.

Am I wrong in this interpretation? Do they just need proof of continued marital union or do they also require that you lived together for the full 3 years?

Edited July 15, 2013 by Indomex

[HeatDeath 430]

When you send the form, they require no proof at all other than the tax transcripts.

At the interview, they are within their rights to ask for more proof, both of the continued marital union and, as you say, of cohabitation. But it seems like they rarely do, unless something in your previous immigration file (which they have access to) prompts them to.

At my N-400 interview, the IO wasn't much interested in seeing anything I brought in, and that is apparently not uncommon.

[sk88888 0]

is the three years rule requires that you have to physically live with your USC spouse for the last three years? We did not because of the jobs but I have been flying back and forth to see my wife every quarter.... and phone, FaceTime every single night...!!!

Can any one provide me some input please.....???

[sk88888 0]

I will be applying Citizenship based on 3 year rule marriage to USC, Does the couples have to live together in the same house in order to qualify for? Because of the job I am living in different states from my wife. But I have flying back and forth every quarter to see my wife and family. Also, she came to visit me here too...

Anyone knows please help .....!!! Thanks in advance

[Anonymous885 44]

Please let me know how you will handle it. My fiancee and I will be falling in this situation later because I have to work in France at least 6 months per year. Good Luck.

[HeatDeath 430]

A quick scan of the M-476 Guide to Naturalization seems to say yes... and no. The text in the main body of the document says that you must be living with your USC spouse petitioner, and that you must have been living with your USC spouse petitioner for the last three years.

The flowchart at the end, on the other hand, states only that you must be living with your spouse at the time of filing, but does not mention the requirement of having lived with your spouse for the last 3 years.

Either way, you definitely need to be living together at the time of filing, so that may disqualify you right there.

The flowchart is, by design, a summary rather than an exhaustive reference, so on that basis I suspect that you do need to have been actually living together for 3 years. But I seem to recall reading recently that they may not hold separate living arrangements against you if you have a really good work-or-eduction-related reason. Search the citizenship forum for "Field Adjudicator's Manual". It has more detailed information than the more basic material intended for the general public, and a few of the members in here are reasonably familiar with it and quote from it from time to time.

At any rate, all of this only applies to naturalizing after 3 years. If you wait until the 5 year mark, your living arrangements with your spouse will be completely irrelevant. It may be worth waiting rather than risking the [substantial] N-400 fee if you can't find an authoritative answer.

[HeatDeath 430]

A quick dig around the USCIS website's Field Adjudicator's manual section found this:

Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:^[30]

• Service in the U.S. armed forces; or

• Required travel or relocation for employment.

The footnote refers to

See 8 CFR 319.1(b)(2)(ii)©.

Which 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.

So you may be ok, but the onus will be on you to prove to the immigration officer at the interview that your separation is "beyond your control", and due to "essential business or occupational demands, rather than voluntary legal or informal separation".

Interestingly, the next section of law specifically excludes incarceration as counting as "involuntary separation".

Edited July 16, 2013 by HeatDeath

[HeatDeath 430]

Here is the link for the USCIS Field Adjudicator's Manual.

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?CH=afm&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD

At the bottom of this screen it has a link to the section on Naturalization:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?CH=afm&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD

If you scroll down to Part G, Chapter 2: Marriage and Marital Union for Naturalization:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

and scroll down to Section D: MArital Union and Living in Marital Union, you will see

There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse.^[18]

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time.^[19]

This would seem to state very clearly that actually cohabitating is required. If you follow the footnotes, you will see

Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:^[30]

• Service in the U.S. armed forces; or

• Required travel or relocation for employment.

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation.

Footnote 30 links to the actual immigration law, which states:

(b) Marital union.

(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part. and

© 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.

So there you have it. You will need to prove to the immigration officer that the reason you are not cohabitating is adequately described by the language written in the law. It's pretty much up to the discretion of the immigration officer whether or not you succeed.

I recommend reading all of the relevant sections of both the Field Adjudicator's Guide and the CFR. Doing so will give you a much better idea of what specific words and phrases to use in your N-400 cover letter to convince the adjudicating IO that you are in compliance with the laws and regulations as written.

Edited July 16, 2013 by HeatDeath