N-400 interview Next month with I-751 pending

[Rocio0010 5,579]

3 hours ago, Tommy john said:

😃😃😃

Congrats! But that’s not the rule… and actually the officer went against their own requirement of living together for the past three years. 

[BugsBurger 15]

On 4/21/2023 at 11:55 AM, Rocio0010 said:

Congrats! But that’s not the rule… and actually the officer went against their own requirement of living together for the past three years. 

The OP was ungracious in victory, but USCIS indeed does care about "life circumstances" and IO didn't go against their requirements.

Consult USCIS Policy Manual for "involuntary separation" https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 and "involuntary separation, even if prolonged, does not preclude naturalization" https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.1 as a direct reg citation.

[Rocio0010 5,579]

1 hour ago, BugsBurger said:

The OP was ungracious in victory, but USCIS indeed does care about "life circumstances" and IO didn't go against their requirements.

Consult USCIS Policy Manual for "involuntary separation" https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 and "involuntary separation, even if prolonged, does not preclude naturalization" https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.1 as a direct reg citation.

From the same section you posted:

 

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.

"college" is not beyond control imho. But it's useless since OP has already been approved

[BugsBurger 15]

25 minutes ago, Rocio0010 said:

From the same section you posted:

 

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.

"college" is not beyond control imho. But it's useless since OP has already been approved

College, grad school or medical residency out of state, in a particular area of specialization, is as beyond control as US Armed Force deployments, or employment. One can always choose not to work away from spouse, or even quit US Armed Forces. Flipping burgers in a state on the other side of the country is employment related, but doubt that could be dressed as involuntary separation. Similarly, a po-dunk 1-2 year cert widely available from any community college across the US, wouldn't be a strong exemption, but highly selective college and post-grad programs would be a strong case. Crucial point is, is there sufficient and well-presented evidence to make the case that the couple continues to be in a healthy marriage, but living apart for a reasons other than break down of the marriage, marital woes, etc. Seems like the OP made the case in their favor.

[Rocio0010 5,579]

4 hours ago, BugsBurger said:

is there sufficient and well-presented evidence to make the case that the couple continues to be in a healthy marriage, but living apart for a reasons other than break down of the marriage, marital woes

Well, obviously you didn’t read OP’s previous threads. I’m out before they close this one.

[Bodetee 0]

On 3/12/2023 at 5:59 PM, Tommy john said:

So you went already and they sent you back to bring your spouse next time ?

Yes

[Bodetee 0]

On 3/12/2023 at 6:02 PM, Crazy Cat said:

@Tommy john, please clarify: did you file a joint I-751 with your wife?  Are you filing under the 3 year rule?

Yes