Filing for Citizenship through marriage

[Danny93 4]

Hey..

i have been a green card holder for 3 years now and now thinking about applying for citizenship. Me and my wife have lived together in memphis the first 2 years but this last year I had to move to Boston because I got accepted in a school. She was not able to move with me since she is still in school back in memphis but planning to come to Boston soon when she graduates.

will this make my situation harder in getting accepted for citizenship based on marriage?

we file taxes jointly and have joint bank accounts. Will these documents help?

 

thank you

[SalishSea 17,836]

6 minutes ago, Danny93 said:

Hey..

i have been a green card holder for 3 years now and now thinking about applying for citizenship. Me and my wife have lived together in memphis the first 2 years but this last year I had to move to Boston because I got accepted in a school. She was not able to move with me since she is still in school back in memphis but planning to come to Boston soon when she graduates.

will this make my situation harder in getting accepted for citizenship based on marriage?

we file taxes jointly and have joint bank accounts. Will these documents help?

 

thank you

Correct.  One of the stipulations of the 3 year marriage based eligibility to naturalize is that you have to have lived with that spouse for the entire three years.

[Danny93 4]

2 minutes ago, Jorgedig said:

Correct.  One of the stipulations of the 3 year marriage based eligibility to naturalize is that you have to have lived with that spouse for the entire three years.

Aren’t there any exceptions? Ive heard of “involountary seperation” as an exception. Im not sure tho

[SalishSea 17,836]

Just now, Danny93 said:

Aren’t there any exceptions? Ive heard of “involountary seperation” as an exception. Im not sure tho

How was yours involuntary?  You made choices.

 

I'm going by the official eligibility requirements posted on USCIS.gov, which I coincidentally just re-read last night, because we are filing last month.  One of the best pieces of advice we give here on VJ is to read and interpret USCIS text literally.

 

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

[Danny93 4]

1 minute ago, Jorgedig said:

How was yours involuntary?  You made choices.

 

I'm going by the official eligibility requirements posted on USCIS.gov, which I coincidentally just re-read last night, because we are filing last month.  One of the best pieces of advice we give here on VJ is to read and interpret USCIS text literally.

 

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

I did not choose. I actually had no option 😕 I was not accepted in any school anywhere near memphis. Its either I go to the school i got accepted at or ill have no option to work as a dentist which is mu career

Edited October 21, 2022 by Danny93

[SalishSea 17,836]

Just now, Danny93 said:

I did not choose. I actually had no option 😕 I was not accepted in any school anywhere near memphis. Its either I go to the school i got accepted at or ill have no option to work as a dentist which is mu career

What I meant was that as a couple, you chose the arrangement.  It wasn't because one of you was deployed or imprisoned.  It was entirely voluntary.

 

Personally, I wouldn't waste the $725 knowing that I didn't meet one of the eligibility requirements.  Of course you're free to do what you want.

[Lil bear 4,218]

11 minutes ago, Danny93 said:

Aren’t there any exceptions? Ive heard of “involountary seperation” as an exception. Im not sure tho

The section on involuntary separation lists employment as an acceptable reason .. but not choice of education facility 

[Lil bear 4,218]

4 minutes ago, Jorgedig said:

What I meant was that as a couple, you chose the arrangement.  It wasn't because one of you was deployed or imprisoned.  It was entirely voluntary.

 

Personally, I wouldn't waste the $725 knowing that I didn't meet one of the eligibility requirements.  Of course you're free to do what you want.

Interestingly , incarceration is specifically  listed  as NOT involuntary ! 

[SalishSea 17,836]

Just now, Lil bear said:

Interestingly , incarceration is specifically  listed  as NOT involuntary ! 

Well, that's good!

[Lil bear 4,218]

8 minutes ago, Danny93 said:

I did not choose. I actually had no option 😕 I was not accepted in any school anywhere near memphis. Its either I go to the school i got accepted at or ill have no option to work as a dentist which is mu career

Unfortunately, the response would probably be  that you chose to study there at this time over waiting and fulfilling the n400 requirements. Tough call for sure. Wait until you meet the 5 yr mark and it wont  matter 

[Danny93 4]

9 minutes ago, Lil bear said:

Unfortunately, the response would probably be  that you chose to study there at this time over waiting and fulfilling the n400 requirements. Tough call for sure. Wait until you meet the 5 yr mark and it wont  matter 

I think im going to try. I beleive my reason for living away from my wife is pretty convincing. Its either i accept the school offer or we will have no money to live in the future. I mean whats the worst can happen? Ill get denied and try again 2 years after 😅

[Danny93 4]

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

 

I think I can work on the “occupational demands” point. 

[Dashinka 24,512]

2 hours ago, Danny93 said:

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

 

I think I can work on the “occupational demands” point. 

 In general, occupational demands would be something like a forced relocation to maintain a job position in my opinion.  As you said, you can certainly try, but before you do put yourself in the mindset of the IO at USCIS.  If you were the IO, would you look at a choice to move for school as something that was forced on you and could not be delayed.

 

Regardless, Good Luck!

[nastra30 2,287]

4 hours ago, Danny93 said:

I think im going to try. I beleive my reason for living away from my wife is pretty convincing. Its either i accept the school offer or we will have no money to live in the future. I mean whats the worst can happen? Ill get denied and try again 2 years after 😅

Sure, you can certainly try. The worst that can happen is losing $725. Please come in the future and let us know how it went. Good luck.

[Rocio0010 5,579]

9 hours ago, Danny93 said:

Hey..

i have been a green card holder for 3 years now and now thinking about applying for citizenship. Me and my wife have lived together in memphis the first 2 years but this last year I had to move to Boston because I got accepted in a school. She was not able to move with me since she is still in school back in memphis but planning to come to Boston soon when she graduates.

will this make my situation harder in getting accepted for citizenship based on marriage?

we file taxes jointly and have joint bank accounts. Will these documents help?

 

thank you

No, they will not. The requirement is to be living with your spouse for three years prior to filing, which you did not. They are usually pretty strict with the N400 because it is the last chance that they have to interview you. 

Your moving away was completely optional -you could have applied for any job, outside of your career. 

Now if you have some $725, energy and time to spare, then by all means.