Applying for citizenship - 3 year rule

[Mike E 11,739]

1 hour ago, Mr Genuis said:

The rules is that. You have to be marraid to that US SPOUSE for 3 years, it's doesn't say live with the spouse.

https://www.visajourney.com/forums/topic/781869-n400-case-denied-for-3-years-marital-union-after-evidence-submitted/

 

[vinnie&andy 118]

On 9/14/2022 at 8:36 AM, Rocio0010 said:

If you don't mind sparing $700, then by all means go ahead and apply.

But if you are in no rush, I would just wait until March 2023. And in that way, you are certain the timing will work.

Plus, if you file in March 2023 we will be N400 buddies!😆

Thank you for your advice! I am kinda in a rush and this ROC is taking forever. I filed December 2020 and still no news. I have a great job offer out of state again and my husband can’t move away yet. 
I don’t mind sparing 700 dollars; but if my N-400 gets rejected because of the living apart issue, will this affect future USCIS applications or I just have to pay again for N-400 and that’s it? 

 

 

[Mike E 11,739]

6 minutes ago, vinnie&andy said:

Thank you for your advice! I am kinda in a rush

What is the rush?

 

6 minutes ago, vinnie&andy said:

and this ROC is taking forever. I filed December 2020 and still no news. I have a great job offer out of state again and my husband can’t move away yet.

Whether you file now or later while you aren’t living together doesn’t change the fact will have had a history of spending significant  chinks of your life not in a marital union.  If you get an I-751 interview while living apart again (and the address change can delay your I-751) this will make approval difficult. 
 

6 minutes ago, vinnie&andy said:

 

I don’t mind sparing 700 dollars; but if my N-400 gets rejected because of the living apart issue, will this affect future USCIS applications or I just have to pay again for N-400 and that’s it? 

 

 

I think you are wise to be concerned. 
 

Given living together is a secondary priority for you, I think you should wait until you can file N-400 on the basis of being an LPR for 5 years.  

[vinnie&andy 118]

18 minutes ago, Mike E said:

What is the rush?

 

Whether you file now or later while you aren’t living together doesn’t change the fact will have had a history of spending significant  chinks of your life not in a marital union.  If you get an I-751 interview while living apart again (and the address change can delay your I-751) this will make approval difficult. 
 

I think you are wise to be concerned. 
 

Given living together is a secondary priority for you, I think you should wait until you can file N-400 on the basis of being an LPR for 5 years.  

We are not planning to live apart again. And if we were to do it, would be after getting our ROC/N-400 approved and it would be for 1-2 months since we’re planning to move across the country. 
 And living together IS a main priority for us. But I am a dentist and I don’t have a license to practice in the state I currently live and after years of not being able to practice, it seems natural for me to want to start fulfilling my professional career. 
My only question is if applying for naturalization will speed up the ROC process. 

[Mike E 11,739]

3 minutes ago, vinnie&andy said:

We are not planning to live apart again.  

 

36 minutes ago, vinnie&andy said:

 . I have a great job offer out of state again and my husband can’t move away yet.  

I’m out.  

[vinnie&andy 118]

10 minutes ago, vinnie&andy said:

We are not planning to live apart again. And if we were to do it, would be after getting our ROC/N-400 approved and it would be for 1-2 months since we’re planning to move across the country. 
 And living together IS a main priority for us. But I am a dentist and I don’t have a license to practice in the state I currently live and after years of not being able to practice, it seems natural for me to want to start fulfilling my professional career. 
My only question is if applying for naturalization will speed up the ROC process. 

 

6 minutes ago, Mike E said:

 

I’m out.  

I said if we were to live apart for a couple months, would be after having N-400/ROC approved. Clearly if I’m asking here is because I want to hear advice and I’m not gonna move away and risk my status until I have my 10-year green card. 
I thought this forum was to help and support each other and not to judge and grill each other. Thank you anyway! 

[Rocio0010 5,579]

55 minutes ago, vinnie&andy said:

but if my N-400 gets rejected because of the living apart issue, will this affect future USCIS applications or I just have to pay again for N-400 and that’s it? 

Just for the sake of clarity, it wouldn't get rejected. It might get denied. "Rejected" and "denied" are two different things for USCIS. Yes, for the N-400 you will have to pay again. The 751 is going to be trickier because they might question the validity of the marriage if you are living apart for so long.

 

24 minutes ago, vinnie&andy said:

My only question is if applying for naturalization will speed up the ROC process. 

Nobody really knows. Some people say yes, it does help with the ROC process, some people suggest waiting until ROC is approved.

[vinnie&andy 118]

7 minutes ago, Rocio0010 said:

Just for the sake of clarity, it wouldn't get rejected. It might get denied. "Rejected" and "denied" are two different things for USCIS. Yes, for the N-400 you will have to pay again. The 751 is going to be trickier because they might question the validity of the marriage if you are living apart for so long.

 

Nobody really knows. Some people say yes, it does help with the ROC process, some people suggest waiting until ROC is approved.

Thank you so much! Appreciate your advice. I’ll just keep patiently wait for ROC and will apply for naturalization at the same time as you in March 2023. We won’t risk to live apart again. 

Saludos desde Kentucky 😀

 

[CadeMcNown 39]

We are the ones linked to as a warning of what might happen. We're still waiting on the second application to get an interview scheduled after reapplying. I wouldn't recommend risking the 3 months. I believe we were in the right, but our officer didn't and it's probably going to cost us 1 year and $700.