Marital union requirements (split)

[Peli88 13]

(ii) Separation -

(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.

(B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union.

(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.

 

It is unreal how you can think that a trip of 90 days means the dissolution of the marital union, despite all the evidence in favor of a real genuine marriage. The text is pretty clear to me.

It is pretty easy to prove that my country did not let Americans in during Covid. It is also easy to prove that my spouse did not want to travel because of Covid. It is also easy to show the legal papers done during those 90 days.

Further more, a trip home is not a separation that suggest a marital disunity!  It is indeed a separation meaning that we are not in the same house but nothing else.

For you, if your spouse visits her family in another state and you don't join it means you are in a marital disunity...

I will come back with details after the interview.

Edited November 9, 2022 by Peli88

[Letspaintcookies 2,308]

You haven't even had your interview yet? You don't even know yet if it's going to be a problem for you? Why all the stressing and fuss then?

[Peli88 13]

Not stressed at all about it! 

Just debating the obvious!

[Peli88 13]

20 minutes ago, Letspaintcookies said:

You haven't even had your interview yet? You don't even know yet if it's going to be a problem for you? Why all the stressing and fuss then?

I am trying to educate the above users, maybe they understand that a solo trip does not mean that your marriage is not there!

And i dislike how easily they label things and cancel a valid marriage and a love story that has been going on for13 years...

Edited November 9, 2022 by Peli88

[Peli88 13]

(B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union.

 

1- not any informal separation suggests the possibility of a marital disunity. The word used in the law is "that". So, only those separations that suggest a marital disunity....

2-even is the marital disunity is suggested by a specific separation, it still needs to be evaluated to see if it sufficient enough...   So, even if the proof of separation is there, it still needs to be analyzed to be considered sufficient.

3-the informal separation is hard to be proved by USCIS if the marriage is genuine and the couple lives together and has comingled finances and basically a life together!

[OldUser 6,464]

22 minutes ago, Peli88 said:

3-the informal separation is hard to be proved by USCIS if the marriage is genuine and the couple lives together and has comingled finances and basically a life together!

The problem is, it's always your burden to prove you're eligible for immigration benefit:

 

"Burden of Proof The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor. [1] The burden of proof never shifts to USCIS."

 

Source: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-4

 

So this means it's not USCIS job to prove you're ineligible. It's the other way round.

 

Furthermore:

 

"This means that the benefit requestor has come forward with the facts and evidence which show that, at a minimum, and without any further inquiry, he or she has proven initial eligibility for the benefit sought, though in certain cases the officer is then required to determine whether approval or denial is appropriate, in his or her discretion. "

 

 

 

Edited November 9, 2022 by OldUser

[Peli88 13]

  In my case there is nothing to prove. Same house, same address, same comingled finances, same as the beginning. If they ask, i ll give them many reasons why my spouse did not join me. 

  What i want you and the readers to take out of this post is that you should not be afraid to do things if they are legit and in accordance with USCIS's manual.

[Mike E 11,739]

41 minutes ago, Peli88 said:

What i want you and the readers to take out of this post is that you should not be afraid to do things if they are legit and in accordance with USCIS's manual.

I hope you are approved without an RFE or interview. 

Edited November 9, 2022 by Mike E

[OldUser 6,464]

1 minute ago, Mike E said:

I hope you are approved without an RFE or interview. 

Hopefully without RFE.

This is N-400, impossible without interview AFAIK, please correct me if I'm wrong.

[Mike E 11,739]

1 minute ago, OldUser said:

Hopefully without RFE.

This is N-400, impossible without interview AFAIK, please correct me if I'm wrong.

Lol. senior moment.

[Peli88 13]

RFE for what :))? Why did you leave home? How dare you leave US without your wife? I did not know that a married immigrant should be 24/7 under the same roof with his partner. Tomorrow i will tell the truck drivers to go home to their wives because USCIS wants them home every night. I d tell  them that Mike and OldUser advised me about this. And not only the truck drivers but everyone who has to travel internationally or nationally and it happens to travel alone, please don't do it. Mike and OldUser think it is a bad idea. Stay home and starve or let your problems unresolved.

Edited November 9, 2022 by Peli88

[Marieke H 2,468]

Could someone please explain what the purpose of this thread is? I'm lost.

[Peli88 13]

10 minutes ago, Marieke H said:

Could someone please explain what the purpose of this thread is? I'm lost.

What sthe purpose of life? What s the purpose of everything that surrounds us? What s the purpose of living on a Planet that's set for destruction from inside (earthquakes, volcanic eruptions) or from the outer space ? What's the purpose of you asking about the purpose of this thread ? What's the purpose of you knowing about the purpose of this thread if you can't figure it out alone ? 

Edited November 9, 2022 by Peli88

[Mike E 11,739]

2 hours ago, Peli88 said:

Tomorrow i will tell the truck drivers

There's a trucker immigration forum!!! Do tell!!!

2 hours ago, Peli88 said:

to go home to their wives because USCIS wants them home every night. I d tell  them that Mike and OldUser advised me about this. 

Well that would be not true. You've quoted USCIS policy at length that provides an exception for work-caused separations.

 

Best wishes.

[Peli88 13]

16 minutes ago, Mike E said:

There's a trucker immigration forum!!! Do tell!!!

Well that would be not true. You've quoted USCIS policy at length that provides an exception for work-caused separations.

 

Best wishes.

I understand your point of view but i beg to differ.  There are many other reasons for people to travel. For example having a business in his country of birth, dealing with banks and so on. There is no USCIS policy that states : during the 3 years you NEED to sleep under the safe roof with your partner and not to travel alone. Travelling does not end your marriage especially if it is a justified travel. So please stop spreading false rules. Read USCIS manual and then come with your point of view. Probably you re that type of person who drives on a 65mpq highway with 40 to be extra safe...

Quote from USCIS manual : "Required travel or relocation for employment". Required can mean anything if is important for the immigrant. Some people think that it is a requirement to do certain things in their life. I can give you many examples.

And who is USCIS to decide what is required for an individual ?  At best, they can analyze all the circumstances. 

Edited November 9, 2022 by Peli88