Married but not living together

[Danny93 4]

Hey

 

I was issued an IR1 visa since me and my wife have been married for more than 2 years.

the only concern is that we don’t live together as shes still living with her parents until she finishes university 

my concern is that would this be a red flag? 
will this be okay since i won’t have ROC?

 

thank you

[arken 4,197]

If you two don’t live together at all, you may face issues during naturalization.

[Danny93 4]

Just now, arken said:

If you two don’t live together at all, you may face issues during naturalization.

What evidences can we show to overcome this please?

[ThomasNC1988 762]

You'll have a 10 year GC as soon as you step into the US or if you are already here you already do. If you are worried about it causing issues for naturalization(which I doubt it would since I assume you would have been living together a while at that point) just wait until the 5 year mark to file and you relationship won't be relevant. In fact you could get divorced the day after you enter the US and still naturalize after 5 years.

[Danny93 4]

10 minutes ago, ThomasNC1988 said:

You'll have a 10 year GC as soon as you step into the US or if you are already here you already do. If you are worried about it causing issues for naturalization(which I doubt it would since I assume you would have been living together a while at that point) just wait until the 5 year mark to file and you relationship won't be relevant. In fact you could get divorced the day after you enter the US and still naturalize after 5 years.

Is there a way to overcome the “living together” Issue??

 

 

[arken 4,197]

Just now, Danny93 said:

What evidences can we show to overcome this please?

Don’t file for naturalization until you start living together.

[Danny93 4]

Just now, arken said:

Don’t file for naturalization until you start living together.

Why? Cant i overcome this bu other means ?

[arken 4,197]

2 minutes ago, Danny93 said:

Why? Cant i overcome this bu other means ?

You can file for naturalization after 3 years or after 5 years or after 50 years. If you two don’t live together at any point in those many years, i don’t see a way to overcome it.

Edited April 13, 2020 by arken

[Danny93 4]

1 minute ago, arken said:

You can file for naturalization after 3 years or after 5 years or after 50 years. If you two don’t live together at any point in those many years, i don’t see a way to overcome it.

thank you for your help 🙂

[geowrian 22,337]

USCIS Policy Manual is pretty strict on this:

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

Quote

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] 

Quote

20. [^] See 8 CFR 319.1(b)(2)(ii)(C) and guidance below on “Involuntary Separation” under the paragraph “Failure to be Living in Marital Union due to Separation.” See Volume 12, Citizenship and Naturalization, Part G, Spouses of U.S. Citizens, Chapter 2, Marriage and Marital Union for Naturalization, Section 3, Failure to be Living In Marital Union due to Separation [12 USCIS-PM G.2(D)(3)].

Quote

(C) 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.

 

Quote

3. Failure to be Living in Marital Union due to Separation

...

Informal Separation 

In many instances, spouses will separate without obtaining a judicial order altering the marital relationship or formalizing the separation. An applicant who is no longer actually residing with his or her U.S. citizen spouse following an informal separation is not living in marital union with the U.S. citizen spouse.

However, if the U.S. citizen spouse and the applicant continue to reside in the same household, an officer must determine on a case-by-case basis whether an informal separation before the filing of the naturalization application renders an applicant ineligible for naturalization as the spouse of a U.S. citizen. ^[30] Under these circumstances, an applicant is not living in marital union with a U.S. citizen spouse during any period of time in which the spouses are informally separated if such separation suggests the possibility of marital disunity.

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.

 

Edited April 13, 2020 by geowrian

[Danny93 4]

4 minutes ago, geowrian said:

USCIS Policy Manual is pretty strict on this:

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

 

 

So I can prove involountary seperation due to various reasons right?

[geowrian 22,337]

6 minutes ago, Danny93 said:

So I can prove involountary seperation due to various reasons right?

Do you meet this criteria?

Quote

(C) 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.

 

If you believe so, yes. The IO will make their own determination, possibly favorably and possibly not favorably.

Edited April 13, 2020 by geowrian

[Danny93 4]

1 minute ago, geowrian said:

Do you meet this criteria?

 

If you believe so, yes. The IO will make their own determination, possibly favorably and possibly not favorably.

Ill be having my masters degree in a different state i think this would be a good reason?

Edited April 13, 2020 by Danny93

[geowrian 22,337]

16 minutes ago, Danny93 said:

Ill be having my masters degree in a different state i think this would be a good reason?

I would be surprised if it never sufficed. I would also be surprised if it always sufficed. Being away for schooling is not a blanket yes/no circumstance, and not one of the examples specifically stated.

I do think it is a gamble. "Beyond their control" is powerful wording...is the location of schooling beyond one's control? That's above my pay grade to decide.

[Danny93 4]

1 minute ago, geowrian said:

I would be surprised if it never sufficed. I would also be surprised if it always sufficed. Being away for schooling is not a blanket yes/no circumstance, and not one of the examples specifically stated.

I do think it is a gamble. "Beyond their control" is powerful wording...is the location of schooling beyond one's control? That's above my pay grade to decide.

Thank you so much for your help