Question about 3-year co-residency rule for marriage-based citizenship

[Viridian 10]

Hi all,

 

A question about the 3-year rule for people applying for citizenship from a marriage-based green card. I received my marriage-based conditional green card on 07-27-2019, which would make me eligible to apply for citizenship on 07-27-2022. The only problem is, my wife and I technically lived apart from September 2019 to May 2020, as she was attending grad school in a different state while I was working. She moved back in with me in May 2020, and we have no plans to live apart again. We'd gotten pretty used to long-distance, so it didn't seem like a big deal at the time. But I'm now wondering how this will affect the timeline for when I can apply for citizenship. I know the official rule is that you can apply after 3 years if you've maintained residency in the US for that entire time (I have) and if you've "lived in marital union" for those same three years - which I understand as living at the same address.

 

So what I'm trying to figure out is, does this mean:

 

a) I'll have to wait until May 2023 to be eligible to apply for citizenship

b) I'll have to wait the full five years (to July 2024) to apply, or

c) Neither of the above - I can still apply next year?

 

Not necessarily expecting a definitive answer, but I'd be very grateful for any thoughts or perspectives.

[aaron2020 11,651]

You can naturalize in 2022.

Generally, marital union means living with your spouse.  However, there's an exception called involuntary separation such as serving in the military, essential business or occupational demands, etc.  Attending grad school would fall under occupational demands.  An involuntary separation would not disrupt the living in marital union requirement.