Living in matrimonial Union

[ALSA 2]

Greetings all, I'm getting ready to submit an N400 for my wife. Wanting to make sure I meet all the requirements so I don't lose $$$. I've been a US citizen for over 3 years, we've been married since 6/25/2012 but haven't lived together until she arrived to the USA pending her American visa. She arrived here on 5/24/2013 and we've lived together ever since. I've read everywhere and unable to find a for sure answer. Do we meet the living in matrimonial Union status? We've now lived together for 2 years and 9 months, do I want til we've lived together for 3 full years? Thanks for all your help in advance.

[Georgia16 2,858]

Early Filing. An applicant filing under the general naturalization provision (section 316(a) of the Immigration and Nationality Act (INA)) may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as a Lawful Permanent Resident (LPR). An applicant filing as the spouse of a U.S. citizen under section 319(a) of the INA may file up to 90 days before meeting the required 3-year period of continuous residence as an LPR. Although an applicant may file early according to the 90-day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3- or 5-year period of continuous residence as an LPR. Applicants filing up to 90 days before meeting the continuous residence requirement must still meet all other requirements for naturalization at the time of filing the Form N-400. For example, an applicant filing under section 319(a) of the INA must meet all other requirements as the spouse of a U.S. citizen at the time of filing.

[ALSA 2]

I've already read that, I'm just having a hard time understanding it. Is anyone able to explain this to me so I can understand it? That doesn't explain what living in matrimonial Union means. Do we have to have lived together for 3 whole years?

[Georgia16 2,858]

An applicant filing as the spouse of a U.S. citizen under section 319(a) of the INA may file up to 90 days before meeting the required 3-year period of continuous residence as an LPR.

As it say you are allowed to file 90 days before you meet the 3-year requirement however she can not receive her naturalization before the 3-year period has been reached.

[ALSA 2]

I know what it says, I appreciate your help. You are not answering my question. I want the definition of marital Union for USCIS. Do my spouse and I have to be living together or just legally married? There are conditions for filing 90 days early, not everyone is eligible.

[Anh map 2,098]

Living as a married couple for 3 years since getting the green card. You are allowed to apply 90 days prior to that 3 year mark. Look at the green card and add 3 years to the resident since date. Subtract 90 days from that date and that is when you can file.

You should provide evidence that you have been living your lives as a married couple.

If you are living / have lived in separate residences during that time period then you would want to explain why along with providing evidence that you are living your lives as a married couple.

It's about the time period since the alien spouse obtained the green card, not since you were married.

[ALSA 2]

I was reading the below material from the USCIS website, jus wanting to make sure that it's okay to file and if anyone else had a problem filing early due to this reason.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

B. Living in ​Marital Union for Spouses Residing in the United States​

​

The spouse of a ​U.S.​ citizen residing in the ​United States​ must have been living in marital union with his or her citizen spouse for at least three years ​immediately ​preceding​ ​the time of filing the naturalization application.​ ​This p​rovision requires that the spouse live in marital union with the citizen spouse during the entire period of three years ​before ​filing​.​

​

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.​

[Anh map 2,098]

What exactly are you worried about?

There is no "technicality" that will trip you up if (as you have stated) you are still married to and living with your spouse. You are allowed to file 90 days before eligibility. The application will be adjudicated assuming that you will still be married and living your lives as a married couple when that 3 year green card anniversary occurs. At the interview the adjudicating officer will confirm those facts.

[akihon 129]

If you're still married to the same person you were when the LPR card was applied for, and you're still living with that same person, I'm not sure why you're worrying about little legalese.

The N-400 only cares about the time you've spent together since the LPR was granted, not since you were married.

Edited February 25, 2016 by akihon

[ALSA 2]

I was just worried about the following:

"The spouse of a ​U.S.​ citizen residing in the ​United States​ must have been living in marital union with his or her citizen spouse for at least three years ​immediately ​preceding​ ​the time of filing the naturalization application.​"

Maybe I'm understanding it incorrectly. USCIS says living in marital Union for 3 years AT LEAST BEFORE FILING. Do you have to physically live with them or is being married to them enough. What if one was married but lived separately for 3 years before filing. Sorry for being difficult, I'm really not meaning to.

[akihon 129]

I was just worried about the following:

"The spouse of a ​U.S.​ citizen residing in the ​United States​ must have been living in marital union with his or her citizen spouse for at least three years ​immediately ​preceding​ ​the time of filing the naturalization application.​"

Maybe I'm understanding it incorrectly. USCIS says living in marital Union for 3 years AT LEAST BEFORE FILING. Do you have to physically live with them or is being married to them enough. What if one was married but lived separately for 3 years before filing. Sorry for being difficult, I'm really not meaning to.

You would probably have to explain why you were living separately, but otherwise, it doesn't matter.

[Anh map 2,098]

OP, please answer this question: Since your spouse entered the US have you been living together or not?

If you have not, how much time living together? apart? What is your current living situation? What is the reason for living apart?

If you want a better answer you have to give better information.

[ALSA 2]

My wife and I have lived together ever since she came to the US - 2 years and 9 months now. We weren't able to live together after our marriage because we were waiting for her immigrant visa.

[Anh map 2,098]

Then you have nothing to worry about. It's common (and allowed) to file at the 2 year 9 month point.