Jump to content
Kalciaa

New Policy: Marriage and Living in Marital Union Requirements for Naturalization

 Share

21 posts in this topic

Recommended Posts

14 hours ago, geowrian said:

There is no requirement to live together (although not living together better have a good explanation). The requirement is to live in marital union. Circumstances like you describes are covered.

 

I tried to circle the paragraph which states living in marital union = living together. If “living together” is not what the policy memo meant, why was it placed within parentheses like that?

 

Also, read footnote 1.

 

This is ridiculous. What decade are we in?? The 1950s?

 

3C1D4910-D9C2-46A0-9AD7-CE739E067AAB.jpeg

Edited by ivyyy

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
16 minutes ago, ivyyy said:

 

I tried to circle the paragraph which states living in marital union = living together. If “living together” is not what the policy memo meant, why was it placed within parentheses like that?

 

Also, read footnote 1.

 

This is ridiculous. What decade are we in?? The 1950s?

 

3C1D4910-D9C2-46A0-9AD7-CE739E067AAB.jpeg

Personally, I think it means that if one files based on marriage, but they are legally separated, or in divorce proceedings at the time of filing, then they are not eligible under the 3 year rule even if the divorce is not final (I.e. they are married, but not living together in a marital union).  Of course if the divorce is finalized prior to the oath, then they are also not eligible under the three year rule.  They will still be eligible under the five year rule.  Overall, I am not sure what the big deal is here, I think it really only applies to someone filing under the three year rule then decides to get divorced after filing which means they may still be eligible as long as they were in a marital Union at the time of filing and the divorce is not finalized at the time of the oath. 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

1 hour ago, ivyyy said:

I tried to circle the paragraph which states living in marital union = living together. If “living together” is not what the policy memo meant, why was it placed within parentheses like that?

 

Also, read footnote 1.

 

This is ridiculous. What decade are we in?? The 1950s?

It's a summary. The USCIS policy manual further defines "marital union".

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

"There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. [20] "

...

"Factors to consider in making this determination may include:

 

The length of separation;

 

Whether the applicant and his or her spouse continue to support each other and their children (if any) during the separation;

 

Whether the spouses intend to separate permanently; and

 

Whether either spouse becomes involved in a relationship with others during the separation. [31]

 

Involuntary Separation

 

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.

 

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation."

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

1 hour ago, geowrian said:

It's a summary. The USCIS policy manual further defines "marital union".

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

"There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. [20] "

...

"Factors to consider in making this determination may include:

 

The length of separation;

 

Whether the applicant and his or her spouse continue to support each other and their children (if any) during the separation;

 

Whether the spouses intend to separate permanently; and

 

Whether either spouse becomes involved in a relationship with others during the separation. [31]

 

Involuntary Separation

 

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.

 

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation."

 

 

Thanks!

 

I feel like that should be pinned somewhere. Especially for folks on here that say outright that a couple living separately is indicative of a doubtful marriage.

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
15 hours ago, ivyyy said:

 

Thanks!

 

I feel like that should be pinned somewhere. Especially for folks on here that say outright that a couple living separately is indicative of a doubtful marriage.

Most people including IOs will make that assumption on first glance which is why @geowrian mentioned that if it applies, there better be a good explanation with supporting documents (paraphrased with my additions).

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
18 hours ago, geowrian said:

 

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation."

 

This was one I hadn't considered, and might be the reason for the policy clarification.  If one is married to an incarcerated convicted criminal, then they would not be considered living in a marital union and therefore not eligible to file under the 3 year rule.  They could still file under the 5 year rule.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...