Can my spouse apply for citizenship in 3 years if we dont live together?

[andyd85 0]

My spouse got a greencard through me and they have been an LPR for 2 years now. We dont live together for a legitimate reason: I got accepted into a school that is far and that required me to move out of our house we share so that I can attend.

Can they somehow apply for a passport in 3 years or no since we dont live together?

Edited September 28, 2019 by andyd85

[NikLR 13,228]

Is there a reason why your spouse couldn't move to where you are? Do you otherwise have a legitimate, ongoing relationship and marriage?  Do you visit regularly and co-mingle your finances etc?  Are you guys in the middle of the ROC process?

[andyd85 0]

23 minutes ago, NikLR said:

Is there a reason why your spouse couldn't move to where you are? Do you otherwise have a legitimate, ongoing relationship and marriage?  Do you visit regularly and co-mingle your finances etc?  Are you guys in the middle of the ROC process?

Basically she loves her job and did not want to move, we just decided to make it work long distance. We regularly visit each other (have pictures for proof of travel etc) and also share same bank account. And yes we are, she should be getting the 10 year green card soon.

[Nitas_man 3,100]

1 hour ago, andyd85 said:

My spouse got a greencard through me and they have been an LPR for 2 years now. We dont live together for a legitimate reason: I got accepted into a school that is far and that required me to move out of our house we share so that I can attend.

Can they somehow apply for a passport in 3 years or no since we dont live together?

As long as you’re still legitimately married yes

I believe ROC has to be approved before citizenship.  I may be in error on that.

Edited September 28, 2019 by Nitas_man

[Hypnos 6,577]

Read https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 "Involuntary Separation".

 

You may be able to argue that your still in a bona fide marriage despite being separated most of the time. This would then allow you to file under the three year rule. 

 

Be sure to provide lots of proof that speaks to the validity of your marriage. 

Edited September 28, 2019 by Hypnos

[dilip 187]

1 hour ago, andyd85 said:

My spouse got a greencard through me and they have been an LPR for 2 years now. We dont live together for a legitimate reason: I got accepted into a school that is far and that required me to move out of our house we share so that I can attend.

Can they somehow apply for a passport in 3 years or no since we dont live together?

Wait for the ROC to be approved.  Keep visiting each other and keep financial intermingling 

[NikLR 13,228]

1 hour ago, dilip said:

Wait for the ROC to be approved.  Keep visiting each other and keep financial intermingling 

one does NOT have to wait for ROC to be approved before filing the N-400

2 hours ago, Nitas_man said:

As long as you’re still legitimately married yes

I believe ROC has to be approved before citizenship.  I may be in error on that.

Not before filing but before it will be granted.  There are many who do both at the same time. 

[Nitas_man 3,100]

46 minutes ago, NikLR said:

one does NOT have to wait for ROC to be approved before filing the N-400

Not before filing but before it will be granted.  There are many who do both at the same time. 

That was what I intended to say and I should have worded it “before citizenship is approved”.  Thanks for clarification.  You DEFINITELY don’t have to wait for ROC approval to file the citizenship application.

Edited September 28, 2019 by Nitas_man

[andyd85 0]

3 hours ago, NikLR said:

one does NOT have to wait for ROC to be approved before filing the N-400

Not before filing but before it will be granted.  There are many who do both at the same time. 

But you do have to wait until you are a LPR for 3 years I believe? So just to confirm, once you have the 3 year LPR status then you can file for the N-400 regardless of if the i751 is still pending to be approved?

[NikLR 13,228]

29 minutes ago, andyd85 said:

But you do have to wait until you are a LPR for 3 years I believe? So just to confirm, once you have the 3 year LPR status then you can file for the N-400 regardless of if the i751 is still pending to be approved?

Yes.  They will have to make a decision on the I-751 before they can officially approve the N-400 but yes. 

 

Or you could be like me and 6.5 years later still not be bothered.

[dwheels76 5,468]

5 hours ago, andyd85 said:

But you do have to wait until you are a LPR for 3 years I believe? So just to confirm, once you have the 3 year LPR status then you can file for the N-400 regardless of if the i751 is still pending to be approved?

You are eligible to file 90 days from the 3 years as a LPR. That's what we did filed I-751 May 2018 and filed N-400 May 2019. Still waiting for both.

[SusieQQQ 11,587]

From the uscis manual - I’m going to go against consensus here and say my reading is that you could have a big burden of proof to go through. A “genuine relationship” is not enough to satisfy the marital union requirement imo

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse; or

• The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

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] 

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time. [21]

 

if you follow footnote 20, it mentions “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. “

 

My opinion is that you might have difficulty succeeding in an application while you are still living apart. I’m not sure “loves her job” qualifies as an essential business demand. You can certainly try, but remember all the burden of proof is on you to convince them why your wife loving her job is a valid reason for her not to live with you, or for you not to choose a school closer to where she is.

 

[afrocraft 314]

On 10/1/2019 at 1:46 AM, SusieQQQ said:

My opinion is that you might have difficulty succeeding in an application while you are still living apart. I’m not sure “loves her job” qualifies as an essential business demand. You can certainly try, but remember all the burden of proof is on you to convince them why your wife loving her job is a valid reason for her not to live with you, or for you not to choose a school closer to where she is.

You're usually on point, but I think you're wrong on this one. Of course, OP would be unwise to simply admit that the separation was because his spouse "loves her job," but surely they could successfully argue, with evidence, that:

• 1) they initially resided together in marital bliss in X location where wife had established a career; 
• 2) school admission in Y location caused an involuntary separation, as wife moving would lead to significant financial loss to the family; and
• 3) there is no marital disunity, as evidenced by frequent trips between X and Y, shared finances, etc.

Even the most punctilious of USCIS officers would struggle to issue a denial on this case.

Edited October 3, 2019 by afrocraft

[SusieQQQ 11,587]

6 hours ago, afrocraft said:

You're usually on point, but I think you're wrong on this one. Of course, OP would be unwise to simply admit that the separation was because his spouse "loves her job," but surely they could successfully argue, with evidence, that:

• 1) they initially resided together in marital bliss in X location where wife had established a career; 
• 2) school admission in Y location caused an involuntary separation, as wife moving would lead to significant financial loss to the family; and
• 3) there is no marital disunity, as evidenced by frequent trips between X and Y, shared finances, etc.

Even the most punctilious of USCIS officers would struggle to issue a denial on this case.

Seen forum reports of denials for almost identical situations. Example https://forums.immigration.com/threads/marriage-based-n400-denied-is-it-worth-to-appeal.292511/

Edited October 3, 2019 by SusieQQQ

[andyd85 0]

7 hours ago, SusieQQQ said:

Seen forum reports of denials for almost identical situations. Example https://forums.immigration.com/threads/marriage-based-n400-denied-is-it-worth-to-appeal.292511/

Yea this was what I was thinking as well, I guess we will have to wait the 5 years.