Filing N-400 with US wife while part-time involuntary separation

[usay 0]

I came to the US on a CR-1 Visa and now I am in process of removing conditions. My wife and I has been living together since first day I came here, couple of months ago the company where I work at since a year and half got acquired by another company out of state. They laid people off and wanted to keep others, they offered me a job with them but out of state (3 hours away one way commute from where I live), they will keep my seniority and benefits, they will also give me a raise and will pay my moving expenses (I am a supervisor and they need my experience because they acquired the contracts that are in the works already). I applied for jobs around where I live but had no luck at all, add to that the pay is way less than what I used to make and what they new people offered me. Today I signed with them on taking the job because I have no other option or I will be unemployed, and with just my wife's income we can't support ourselves completely (she has 2 kids). I will be eligible to file for N400 under the 3 years rule in October 2017. I will rent small apartment near the job because it's almost 3 hours commute one way from our martial home. Meanwhile I will keep looking for jobs near us so I can move back to live together. I am not going to change my address on anything because I am still going to our home every weekend or she might come to my new place. Will I be able to file for N400 in October with such situation?

Edited April 6, 2017 by usay

[mrtravel 40]

3 minutes ago, usay said:

You go home most weekends, right?
The requirement for this kind of N-400 filing  is "married to and living with"..   Staying away during the workweek or for temporary work assignments doesn't change where you reside.   However, it might be worthwhile to get the advice from an immigration lawyer.  We can give an opinion here, but unless we are lawyers, then I would question the answers to this question in a public forum like this

 

[Deagle 508]

3 minutes ago, mrtravel said:

 

 

11 minutes ago, usay said:

I came to the US on a CR-1 Visa and now I am in process of removing conditions. My wife and I has been living together since first day I came here, couple of months ago the company where I work at since a year and half got acquired by another company out of state. They laid people off and wanted to keep others, they offered me a job with them but out of state (3 hours away one way commute from where I live), they will keep my seniority and benefits, they will also give me a raise and will pay my moving expenses (I am a supervisor and they need my experience because they acquired the contracts that are in the works already). I applied for jobs around where I live but had no luck at all, add to that the pay is way less than what I used to make and what they new people offered me. Today I signed with them on taking the job because I have no other option or I will be unemployed, and with just my wife's income we can't support ourselves completely (she has 2 kids). I will be eligible to file for N400 under the 3 years rule in October 2017. I will rent small apartment near the job because it's almost 3 hours commute one way from our martial home. Meanwhile I will keep looking for jobs near us so I can move back to live together. I am not going to change my address on anything because I am still going to our home every weekend or she might come to my new place. Will I be able to file for N400 in October with such situation?

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

 

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: ^[32]

•Service in the U.S. armed forces; or

•Required travel or relocation for employment.

 

 

 

[candybabe 46]

51 minutes ago, usay said:

I came to the US on a CR-1 Visa and now I am in process of removing conditions. My wife and I has been living together since first day I came here, couple of months ago the company where I work at since a year and half got acquired by another company out of state. They laid people off and wanted to keep others, they offered me a job with them but out of state (3 hours away one way commute from where I live), they will keep my seniority and benefits, they will also give me a raise and will pay my moving expenses (I am a supervisor and they need my experience because they acquired the contracts that are in the works already). I applied for jobs around where I live but had no luck at all, add to that the pay is way less than what I used to make and what they new people offered me. Today I signed with them on taking the job because I have no other option or I will be unemployed, and with just my wife's income we can't support ourselves completely (she has 2 kids). I will be eligible to file for N400 under the 3 years rule in October 2017. I will rent small apartment near the job because it's almost 3 hours commute one way from our martial home. Meanwhile I will keep looking for jobs near us so I can move back to live together. I am not going to change my address on anything because I am still going to our home every weekend or she might come to my new place. Will I be able to file for N400 in October with such situation?

Why don't you wait until being a resident for 5 years ? Is there a specific requirement to obtain your citizenship as early as possible ?

 

The 3 year applications are scrutinized much more closer due to the high fraud level - individuals that enter fraudulent marriages want to be in and out in the least amount of time required.

 

so you may expose yourself to undue scrutiny from a suspicious IO - They may want to know why your wife is not relocating with you.

 

A married couple does not usually relocate separately especially when the hiring company is paying for the relocation- the whole family moves, especially if the main income in the household moves....

 

I would presume that by accepting the relocation package from your company you are effectively changing permanent residencies.

 

This is why the company is paying the package , so you can change your permanent residence.

 

Usually they have clauses where you would not even be eligible for relocation reimbursement if the move is considered temporary on your part.  It is seen as a full commitment.

 

I am not an immigration lawyer / specialist.