Can I apply N400? 4 year in USA on Spouse visa

[aslam khan 5]

Hi,

 

I married to USC, seven years ago, came to usa in dec 2015. Last year, my wife took restraining order against me and we stayed away from each other for one year as we both need some time. Now we are together but still living in different state. I find work in different state and she is completing her school in different state, but now we are seeing each other regularly and planning to move together once her school finish. 

 

Last year i didnt apply as we are not seeing each other and also restraining order but now we are seeing each other, i am supporting her financially, everything is healthy for married life.  Can i apply for citizenship now under three year rule? Please advice.

 

Thanks

 

[NikLR 13,232]

No you dont live together. You'll have to wait for the 5 years. 

[Canerican 242]

14 minutes ago, aslam khan said:

Hi,

 

I married to USC, seven years ago, came to usa in dec 2015. Last year, my wife took restraining order against me and we stayed away from each other for one year as we both need some time. Now we are together but still living in different state. I find work in different state and she is completing her school in different state, but now we are seeing each other regularly and planning to move together once her school finish. 

 

Last year i didnt apply as we are not seeing each other and also restraining order but now we are seeing each other, i am supporting her financially, everything is healthy for married life.  Can i apply for citizenship now under three year rule? Please advice.

 

Thanks

 

The bolded text above is what disqualifies you from applying for citizenship at this moment under the 3 year marriage rule. As NikLR stated you will have to wait 5 years from when you became a permanent resident. There is a calculator that tells you when you can apply based on your residence since date that is at this link: https://www.uscis.gov/forms/uscis-early-filing-calculator. For example, if your resident since date on your green card states Dec 15, 2015, you will enter Dec 15, 2020 on the calculator which says you can file as early as Sept 16, 2020. Also keep in mind that you should wait 2-3 days after you are eligible if you are applying online as others have incurred issues applying online the same day they are eligible. Hope this helps. 

[Nitas_man 3,100]

28 minutes ago, aslam khan said:

Hi,

 

I married to USC, seven years ago, came to usa in dec 2015. Last year, my wife took restraining order against me and we stayed away from each other for one year as we both need some time. Now we are together but still living in different state. I find work in different state and she is completing her school in different state, but now we are seeing each other regularly and planning to move together once her school finish. 

 

Last year i didnt apply as we are not seeing each other and also restraining order but now we are seeing each other, i am supporting her financially, everything is healthy for married life.  Can i apply for citizenship now under three year rule? Please advice.

 

Thanks

 

No

[geowrian 22,338]

The 3 year rule requires living in marital union. That does not appear to exist here.

[SusieQQQ 11,587]

12 hours ago, geowrian said:

The 3 year rule requires living in marital union. That does not appear to exist here.

This. Note that even if you move back in with her, you still will have not met the requirement, which is living in marital union (together) for at least three years prior to filing. 

 

https://www.uscis.gov/sites/default/files/policymanual/updates/20181012-MaritalUnion.pdf

 

So 5 years will be your marker for filing n400.