Filing I-751 and N-400 married but separated.

[firebird00 66]

So I am back with another question.

My wife the USC and I are having issues with our marriage, right now I am outside the US and I will return soon to file I-751 in November, my wife agreed so sign with me so we will file jointly because we are not sure about divorce yet. We were talking the other day and she said she wants to get out of the I-864, and the shortest way is for me to get my citizenship. My question is can we stay legally married but physically separated to file for I-751 and N-400 (next year is N-400)? We do have a lot of good faith marriage evidence for now since I came to the US early in Feb 2015. What about if I moved to another state? Is there a waiver for such thing? Like for work reasons?

[Merrytooth 5,748]

So I am back with another question.

My wife the USC and I are having issues with our marriage, right now I am outside the US and I will return soon to file I-751 in November, my wife agreed so sign with me so we will file jointly because we are not sure about divorce yet. We were talking the other day and she said she wants to get out of the I-864, and the shortest way is for me to get my citizenship. My question is can we stay legally married but physically separated to file for I-751 and N-400 (next year is N-400)? We do have a lot of good faith marriage evidence for now since I came to the US early in Feb 2015. What about if I moved to another state? Is there a waiver for such thing? Like for work reasons?

If you are NOT living in Marital Union during the filing and till Oath Ceremony of N-400, you can't file under the 3 year rule.

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

A​n ​applicant under the special provisions for spouses ​is​ ineligible ​for naturalization ​if​:​

​

•The ​applicant is not residing with his or her ​United States citizen ​spouse​ at the time of filing or during the time in which the applicant ​is required to be living ​in marital union with the citizen spouse; or​

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•If at any time prior to taking the Oath of Allegiance, the ​spousal relationship is terminated or altered to such an extent that neither the applicant nor ​the United States ​citizen spouse can be considered to be residing together as husband and wife.​