Filing N-400 based on 3 year marriage, spouse works overseas sometimes

[joannak 0]

I think I may have to ask a lawyer to get a definite answer -- but I thought I'd ask here first in case anyone had a similar experience.

Hubby and I have been married 7 years, will have my GC for 3 years in April 2008, so I could theoretically send my N-400 this month. However, in the last 6 months, my husband's job has been on a rotation - month on (overseas)-month off. He's obviously home with us the months that he's off, but when he's at work, he's overseas. Does this disqualify me from filing for citizenship based on the 3 year marriage since he's not around all the time?

Another thing, if I am able to file, I assume my husband has to be at the interview. I'll be taking my chances since my interview could be scheduled at a time that he's out of the country working. Would I then just have to try to reschedule it?

I'd be filing at the Denver office. Thanks for any tips!

[YuAndDan 153]

US citizen spouse's time out of country has nothing to do with LPR's ability to file for naturalization, only the LPR's time out of the country.

Naturalization is all about you, US citizen does not have to attend interview with you, only for AOS.

You can file the N-400 up to 90 days before 3third anniversary of becoming a permanent resident.

[annatenna 0]

I think I may have to ask a lawyer to get a definite answer -- but I thought I'd ask here first in case anyone had a similar experience.

Hubby and I have been married 7 years, will have my GC for 3 years in April 2008, so I could theoretically send my N-400 this month. However, in the last 6 months, my husband's job has been on a rotation - month on (overseas)-month off. He's obviously home with us the months that he's off, but when he's at work, he's overseas. Does this disqualify me from filing for citizenship based on the 3 year marriage since he's not around all the time?

Another thing, if I am able to file, I assume my husband has to be at the interview. I'll be taking my chances since my interview could be scheduled at a time that he's out of the country working. Would I then just have to try to reschedule it?

I'd be filing at the Denver office. Thanks for any tips!

I'm no expert, but from what I've read and understood, the citizenship application (on ground of marriage to a USC ) has no requirement for the US partner to have been present in the US continuously - as long as you yourself have not had extended periods away from the USA . The N400 asks for details of YOUR absences, not your partner's.

As for the interview, not only is your partner not required to be present - he would not be allowed to be with you at interview. In my case, I doubt whether they'd even allow him into the building - they haven't on any other occasion I've needed to attend! (My experience is in Oklahoma City by the way).

Others may be able to expand on this.

[lucyrich 20]

US citizen spouse's time out of country has nothing to do with LPR's ability to file for naturalization, only the LPR's time out of the country.

Not entirely true. When filing on the three years married to and living with a US Citizen, you have to have been living together. If you weren't sharing a household with the USC, you're not eligible.

I don't know exactly where they draw the line, and I'm not sure there IS a firmly drawn line.

See the USCIS published interpretations at http://www.uscis.gov/propub/ProPubVAP.jsp?...cb654fe4c2361d6.

In particular,

The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.

...

It is the further position of the Service that, where a petitioner and spouse do not live apart by choice, or because of a legal separation or marital difficulties, but solely as a result of circumstances beyond their control, such as service in the armed forces of the United States or essential business or occupational demands, such separation ­even when prolonged­ does not preclude naturalization under this section.

It has been held, however, that the residence in marital union, or at least a substantial portion thereof, must be in the United States, with the citizen spouse. Thus, where the citizen spouse has never been in the United States, eligibility under the current statute is not established even though petitioner resided abroad in marital union with the spouse during a part of the three-year period.

This doesn't directly address the OP's situation, and I'm not qualified to answer, either. But it may provide some useful hints.

[joannak 0]

Oh thanks so much for the replies! I had no idea that my husband didn't have to be at the interview. I didn't do enough research!

We've definitely lived together with our kids the whole time, I just didn't know whether his time away for work would be considered not "living together". Guess I can actually send my N-400 shortly then. I've just requested our tax transcripts though, I will now have to do some research on whether I need to send those with the application or if I only need them for the interview.

Thanks again!

[lucyrich 20]

After looking a bit and contemplating, you seem to be ok based on the second paragraph I quoted above "It is the further position ...". You were only separated due to essential business or occupational demands, and the separation was short. The third paragraph says that at least a "substantial portion" of the 3 years must be spent together in the US, and you seem to meet that. I'd guess you're good to go. But I certainly wouldn't discourage you from seeking a qualified professional opinion, and I'm definitely NOT a qualified professional.

As for the tax transcripts, yes, you should send them with the N-400. See the document checklist in the back of form M-476 (available on the USCIS site).

[diadromous mermaid 36]

I don't know exactly where they draw the line, and I'm not sure there IS a firmly drawn line.

The line drawn is that if the alien and USC are not living in the same abode, the reason is neither a precursor to nor does it indicate that the marriage is in a terminal state.