Tao apply or not to apply?

[kamrankhan 9]

Hello guys. I will be eligible for naturalization in two months time with my I751 still pending in CSC. Should I apply or wait for the decision on ROC first? My ultimate goal is naturalization. I am getting contrasting answers from everyone. One Field office is saying I should file as it will make my application faster while another office is just telling me the opposite. Another thing is that I am a student and studying in Illinois while my family is based in Arizona. Where should I apply? Can I apply in Arizona where I am resident of or in Illinois where I am studying? My wife is a US citizen while I am the beneficiary. Only sincere and honest replies are requested.

[TM92 527]

28 minutes ago, kamrankhan said:

Should I apply or wait for the decision on ROC first? My ultimate goal is naturalization.

You can submit the N400 90 calendar days before your GC anniversary: https://www.uscis.gov/forms/uscis-early-filing-calculator. No need to wait for ROC. If you get the N400 interview before the I751 interview it will be a combined interview; see this experience:

 

36 minutes ago, kamrankhan said:

Where should I apply?

Either is fine, as per the Policy Manual; https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html:

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3. Students

An applicant who is attending an educational institution in a state or service district other than the applicant's home residence may apply for naturalization where that institution is located, or in the state of the applicant's home residence if the applicant is financially dependent upon his or her parents at the time of filing and during the naturalization process.

I recommend choosing the service district where you think the I751 is going to be sent (if you think a combined interview is a high possibility).

[kamrankhan 9]

TM.Thanks for the reply but problem is that I am not dependant on my parents as says the link you attached.So how can I apply in Arizona then?

[TM92 527]

3 minutes ago, kamrankhan said:

TM.Thanks for the reply but problem is that I am not dependant on my parents as says the link you attached.So how can I apply in Arizona then?

Oops, sorry for my mistake. Maybe based on bullet point #5 (from the same link) you can interview in Arizona:

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5. Residence in Multiple States

If an applicant claims residence in more than one state, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed.

[kamrankhan 9]

The question is should I even apply when I am living apart from my wife. Reason being my school. Should I attach a letter from my school? Has anyone experienced with this thing?

[TM92 527]

3 hours ago, kamrankhan said:

The question is should I even apply when I am living apart from my wife. Reason being my school. Should I attach a letter from my school? Has anyone experienced with this thing?

I say just a joint letter from you explaining the circumstances should suffice:

@geowrian: thoughts?

[geowrian 22,337]

Physical separation due to school isn't a bar for the marital union requirement under the 3 year rule. At the same time, the onus would be on the OP to show that a marital union persists despite not physically living together, which can present challenges (moreso than ROC...they tend to be more strict with naturalization IMO).

So the OP can proceed as-is, although if there's not a compelling reason to naturalize right now, it might not necessarily be a bad idea to hold off until school is complete (or the 5 year rule if that's sooner).

Only the OP knows the details of their case...if they feel they have a strong marital union case still and are willing to accept the filing fee cost, then go for it.

Edited September 13, 2018 by geowrian

[EireneFaith 54]

You can apply your N-400 online which is more convenient. When the Immigration received your application they will adjudicate your application with pending ROC. Include in your supporting documents your Extension Letter. During interview your spouse need to be with you for ROC and when IO interview you for N400 your spouse will ask to leave.