I751 PENDING AFTER INTERVIEW

[KL123 5]

Hello i have a complex and unique sitation ....i am married to a USC and moved to the US with K1 visa...she lives in FL and I live in New Mexico but we visit each other as often as possible

This Monday we attended a separate i751 ROC interview where we were interviewed separately myself first and my wife last where the IO told my wife if they needed more info they will communicate via mail. Overall the interview went fairly well with a really nice IO as we explained why we live in separate states because of different jobs and other family challenges as my wife has to take care of elderly and ailing grandparents in FL

I now want to apply for N400 under the 3 year rule...do I qualify even though I physically live apart from my wife but we are still in a bonafide marriage/relationship as we had submitted the following:

- Copy joint IRS taxes from 2013, 2014 and 2015

- Copy of joint bank account (transaction pages from 2012 to date)

- Copy of joint credit cards

- Copy of joint debit cards (same bank account)

- Copy of joint utility bills for NM addresses

- Copy of joint phone bills

- Copy of joint car title deed

- Copy of joint health coverage

- Copy of medical cards

​- Copy of joint Costco cards

- Copy of renter’s insurance

- Copy of affidavits from friends and family

​- Copy of text/email correspondents between us virtually daily

- Copy of airline receipts showing travel

_ Copy of wedding invitation addressed to us

​- Copy of leases from 2 NM apartments

-Photos

Please help is it ok to submit N400 under 3 year rule while i751 still pending and technically at the local office awaiting decision after interview. It so nerve wrecking and the anxiety levels are HIGH!!!!

Edited September 1, 2016 by Kevlynn

[Deagle 508]

You can file for N-400 while I-751 is pending. But I am not sure if you can file for N-400 while you are living in a different state from your wife.

This is what the uscis.gov website says:

https://www.uscis.go...G-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​

​

•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.​

Edited September 1, 2016 by azzein

[EM_Vandaveer 2,408]

No, you have to actually live with your USC spouse to be able to file N-400 under the 3-year rule.

[KL123 5]

thank you so much for the feedback guys and @azzein from the link you provided I stumbled upon :

​

Involuntary separation

Under very limited circumstances and where there is no indication of marital disunity, an applicant maybe able to establish that he or she is living in marital union with his/her USC spouse even though the applicant does not actually reside with US spouse. An applicant is not made ineligible for naturalization fro not living in marital union if the separation is due to circumstances beyond his or her control such as:

-Service in the armed forces or

-Required travel or relocation for employment

Any thoughts? or I am SOL

[KL123 5]

Actually ignore my previous reply. Thank you guys again for the feedback i highly appreciate it. Wish me luck with my ROC. God Bless