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sinayion

Wife is in USAF, we live apart due to work; when can I apply for N-400?

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Hi all,

 

I recently got my green card through marriage, and I'm trying to figure out if I'm allowed to apply for citizenship in 3 years, or 5 years, since I don't live with my wife due to work and her Air Force duties.

 

My wife in in the US Air Force, and I received my green card in January 2018. I came to the US on a work visa (L1-A) in 2014, and we got married; we knew each other for years before that, and were already engaged. My work visa limited me to only work for that specific company and location, and then my wife was stationed in a different state than myself. We decided to live apart, but visit each other often, since my career field was not possible where she was stationed, and we didn't want to risk our financial future as a couple. Plus, for at least a year, my work visa situation meant I was stuck in that location, anyway.

I understand that to apply for the N-400, I need to actually live with my wife for 3 years, and exceptions are made if the military spouse is deployed. Do these exceptions count for me, or do I have to wait for the full 5 years to apply, since she is stationed in the USA and not deployed overseas?

Edited by sinayion

Marriage-based AOS from a L-1A visa
2017-04-07: Case received at USCIS (submitted forms I-485, I-765, I-130)
2017-04-17: I-797C Receipt received (for I-485, I-765)
2017-04-22: I797C Receipt received (biometrics scheduled for 2017-05-08)
2017-05-08: Biometrics appointment completed
2017-05-11: Travel form I-131 received at USCIS
2017-05-15: I-797C Receipt received (for I-131)
2017-07-25: Service Request made online for I-765. ETA to hear back: 2017-08-06
2017-07-28: "New Card is Being Produced" (not because of SR)
2017-08-01: EAD is being mailed to me, according to MyUSCIS
2017-08-03: Received EAD
2017-08-11: Received I-512L (Advance Parole)
2017-10-16: Address change submitted online
2017-11-02: Address change completed by USCIS

2017-11-24: I-797C notice date for interview
2018-01-03: Interview took place

2018-01-05: Green card approved (I-485)

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Filed: K-1 Visa Country: Sweden
Timeline

You'd think someone who recently got married would want to live with their spouse. Why don't you move to her? The greencard lets you work for any employer, you can get a job there, wherever your wife is.

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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(I should've guessed that would've been the first response)

  • Of course I want to live with my wife.
  • The only work I can do there, is a server at a restaurant. There is nothing else for miles. I work in a specific tech field, and there are zero jobs there. I would potentially destroy our future financial life together, for a few years (she retires sooner than me).
  • There was a chance to get an IT-related role on her base (slim chance due to required credentials), but I need to be a citizen to get a government job. We asked about the green card qualifying, and I was consistently told I need to be a citizen. Even then, the below criteria would still hold.
  • She bought a house before we got married, and I'm not going to ask my wife to take a financial hit for selling it. There is no way even if I did get a job as a server, that we could afford rent and a mortgage. We also plan to move back there when she retires. She also asked me to do anything possible to not make her sell the house.
  • She'll be retiring in under 5 years, and is due for a move by the end of 2018. There is a good chance she could move back to me, but if she moves elsewhere, I'll check for work in her new location.
  • My current job allows me to have unlimited PTO, and my managers let me travel to see her for a couple of weeks, every few months.

If we have to see each other every 3-4 months for ~4 years, to secure a good future for us for the next 50+, that's our option.

For the rest that read the OP: Can I apply for the N-400 in 3 years?

Marriage-based AOS from a L-1A visa
2017-04-07: Case received at USCIS (submitted forms I-485, I-765, I-130)
2017-04-17: I-797C Receipt received (for I-485, I-765)
2017-04-22: I797C Receipt received (biometrics scheduled for 2017-05-08)
2017-05-08: Biometrics appointment completed
2017-05-11: Travel form I-131 received at USCIS
2017-05-15: I-797C Receipt received (for I-131)
2017-07-25: Service Request made online for I-765. ETA to hear back: 2017-08-06
2017-07-28: "New Card is Being Produced" (not because of SR)
2017-08-01: EAD is being mailed to me, according to MyUSCIS
2017-08-03: Received EAD
2017-08-11: Received I-512L (Advance Parole)
2017-10-16: Address change submitted online
2017-11-02: Address change completed by USCIS

2017-11-24: I-797C notice date for interview
2018-01-03: Interview took place

2018-01-05: Green card approved (I-485)

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YES you can. Just enclose proof of the situation and what each side is doing to remedy it - weekend visits often, plane tickets and similar. 

 

If you just got your GC in January then you have 2 yrs 6-9 months to go before you can apply for naturalization. 

ROC 2009
Naturalization 2010

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4 hours ago, milimelo said:

YES you can. Just enclose proof of the situation and what each side is doing to remedy it - weekend visits often, plane tickets and similar. 

 

If you just got your GC in January then you have 2 yrs 6-9 months to go before you can apply for naturalization. 

Awesome, thanks.

Marriage-based AOS from a L-1A visa
2017-04-07: Case received at USCIS (submitted forms I-485, I-765, I-130)
2017-04-17: I-797C Receipt received (for I-485, I-765)
2017-04-22: I797C Receipt received (biometrics scheduled for 2017-05-08)
2017-05-08: Biometrics appointment completed
2017-05-11: Travel form I-131 received at USCIS
2017-05-15: I-797C Receipt received (for I-131)
2017-07-25: Service Request made online for I-765. ETA to hear back: 2017-08-06
2017-07-28: "New Card is Being Produced" (not because of SR)
2017-08-01: EAD is being mailed to me, according to MyUSCIS
2017-08-03: Received EAD
2017-08-11: Received I-512L (Advance Parole)
2017-10-16: Address change submitted online
2017-11-02: Address change completed by USCIS

2017-11-24: I-797C notice date for interview
2018-01-03: Interview took place

2018-01-05: Green card approved (I-485)

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Filed: Citizen (apr) Country: Vietnam
Timeline

Don’t forget Removal of Conditions in 2yrs.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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24 minutes ago, cyclone27 said:

Don’t forget Removal of Conditions in 2yrs.

Don't need it, I got the 10 year green card, since the interview happened after our 2nd anniversary. Thanks for checking, though!

Marriage-based AOS from a L-1A visa
2017-04-07: Case received at USCIS (submitted forms I-485, I-765, I-130)
2017-04-17: I-797C Receipt received (for I-485, I-765)
2017-04-22: I797C Receipt received (biometrics scheduled for 2017-05-08)
2017-05-08: Biometrics appointment completed
2017-05-11: Travel form I-131 received at USCIS
2017-05-15: I-797C Receipt received (for I-131)
2017-07-25: Service Request made online for I-765. ETA to hear back: 2017-08-06
2017-07-28: "New Card is Being Produced" (not because of SR)
2017-08-01: EAD is being mailed to me, according to MyUSCIS
2017-08-03: Received EAD
2017-08-11: Received I-512L (Advance Parole)
2017-10-16: Address change submitted online
2017-11-02: Address change completed by USCIS

2017-11-24: I-797C notice date for interview
2018-01-03: Interview took place

2018-01-05: Green card approved (I-485)

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