Wife may have job in Florida

[Canerican 242]

Hey there all,

I have some questions in light of a situation that my wife and I are going through. So here is my situation:

My wife and I are thinking of moving to Florida to be closer to her parents and my wife and I would also like for me to get citizenship as soon as I can. The only hiccup would be that she had a job interview this morning and I think she has a pretty good chance at getting the job she applied and interviewed for in Florida. So let's say she gets offered the job and takes it and has to move down to Florida. I would have to stay in NYS and sell the house and move/get a job in FL once the house sells. How is this going to affect my citizenship application? It would be an involuntary separation, but it is not like she is being laid off from her job, we would just like to be closer to her family. Would I have to wait for another 2 years to file citizenship.

[Pitchman 8]

Here is your answer:

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.

When an applicant and spouse live apart as a result of circumstances beyond their control (i.e.) service in the military or essential business or occupational demands, the resulting separation, even if prolonged, will not preclude naturalization under this part. See 8 CFR section 319.1(b)(2)(ii)©. It is essential to determine whether the decision resulting in the separation, was driven by a true economic need or simply driven by a comfort level that the couple prefers. If the decision made was not driven by a true economic need or required military service, the applicant applying under this section may not qualify.

Her accepting the job in Florida when you're in NY is VOLUNTARY meaning you/she has a choice. Thus this is NOT Involuntary!

• Example of involuntary separation: A husband and wife met while working towards PhDs at the University of California, Santa Barbara. The USC husband accepted a tenure track position at Hamilton College in Rome, New York. The LPR wife was offered a Post-Doctorate Fellowship at the Smithsonian. The husband and wife had been living apart for most of the three years. She had telephone bills, copies of e-mails to each other, stubs from some airline tickets from vacations and school breaks, and credible testimony that her husband sometimes drove back and forth on three or four day weekends. The adjudicator approved this case at the time of the examination for having qualified the separation as an involuntary separation.

My advice - go to: https://www.avvo.com/ask-a-lawyer

And ask a immigration lawyer your question. Its free.

Have a nice day!

Edited September 1, 2016 by Metaler

[Canerican 242]

Ok. Thank you

[RodDetroit 118]

you may apply in Fl after living there for 3 months.

[NikLR 13,227]

No you wouldn't have to wait another 2 years, but it maybe beneficial to wait until you guys are settled in Florida.

[JimmyHou 611]

Some applicants in similar situations have been approved because they managed to show that they had been living together, that the separation was recent, and that it was temporary. For instance, if you had a job offer in Florida, or if you could show that the house was on the market.

However, some applicants have been denied. A couple who live in Florida (spend the weekends together but live in different parts of the state during the week) had the wife's application denied earlier this year.

Best course of action would be to wait until you move to Florida, wait a further 3 months, then apply. If you reach the 5 year mark before you move back in with your spouse, then apply based on 5 years of residency.

[Neonred 3,562]

Why do you have to stay in NY until the house sells? Won't the realtor show the house and send you offers?

[Canerican 242]

I have a condition where my meds cost alot of money per month. If I did not have health insurance I would be pay $6000 for my meds I take daily. My specialist just put me on a med that cost $2128 for a 30 day supply and only cost me $25 cause I have health insurance. Our main thing is having good health insurance due to my condition. I know alot of people will say that she should put me on her health insurance, but if I go with her and don't have a job and only have a single income and I don't get a job for a moth that would put some financial stress, whereas if I stay and sell the house I know when I need to get a job for and hopefully have something set up for when the house sells. I did also think about it that way too, that I could move with her and then sell the house from Florida. I do appreciate the idea.

[lost_at_sea 995]

If I was you, I'd do as NLR suggests and wait til you're settled in FL. It seems like an unnecessary stress to also be doing the paperwork for the N-400 as WELL as moving, changing jobs, selling a house etc. etc. It's not like the window to apply expires, so long as you keep your LPR status. Plus, making sure USCIS have your address correct half way through a move, for bio / interview / oath seems like an extra unnecessary pain, too.

And, for what it's worth - I don't think a short-term, temporary, separate living situation is going to be a big deal on your application. Moving States is *almost* as much of a faff as moving countries.

[Canerican 242]

Hello everyone,

 

It's been a while since I posted in this topic. I have one last question? My wife and I have finally moved to Florida. She got to Florida May 8 and started a job and I got to Florida on May 28. Do you think that will be an issue when it comes to applying for Citizenship or should I just try to show them that she had a job offer and that the house was on the market at the time and that it was a temporary thing? It was not like we separated, she got a job offer and came down and then 20 days later I arrived.   

[TBoneTX 45,287]

The circumstances are not unreasonable or unusual, and they're perfectly understandable.