Living apart from your spouse

M

marissa07

Registered Users (C)
Hi guys,

I will be applying for a citizenship on a basis of a marriage to a US citizen.

I had to relocate to where I live now a couple months ago for my new job and unfortunately, my husband could not join me because he is currently in school, which means we have been living apart for the past couple months. He will be joining me upon graduating in May next year.

I understand it would be obvious to USCIS that my husband and I live apart since I need to put down addresses for my husband and myself and they will be two different addresses. I wonder if this would be a red flag.

We have many documents to prove our marriage as well as his and my boarding passes when we visited each other during past months. And I plan on writing a quick cover letter explaning our circumstance.

Despite all these documents, if living apart from a spouse is a red flag, I would definitely rather wait until he joins me next May to apply for a citizenship, but I thought, if it isn't a big deal, I would go ahead with the process that I can get it over with ASAP.

Please advise. Thanks!
 
Living apart is a definite red flag, because for citizenship you need to convince them that the marriage is still healthy and viable; the burden of proof is more than just having a bona fide marriage. People who have been married for 10 years with children get denied because their marriage was failing during the naturalization process.

You can still get approved, but you'll have extra work to do to convince the interviewer. So make sure to preserve those boarding passes and phone records and other evidence.
 
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Thanks Jackolantern!

I guess I will just play safe and wait until next May when he comes join me to start the whole process - that way, we will both have the same address.
There is no way for the USCIS to find out that we had lived apart for a while, is there? I mean, it's not like there is a question on N-400 asking you if you and your spouse have "continuously" lived together in the past?

Thanks again!
 
Perhaps it should be like the residency rule, where you have to show you live together 50% of the time or 2.5 out of 5 years :eek:

A friend was in the same situation and her N-400 went thru with no issues; they were in the same state but different DO's so the question came up during interview (why did you not apply at the 'home' DO). They were doing the 50% for 3 years almost, but as I said, they were only a couple hours away.
 
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marissa07 said:
There is no way for the USCIS to find out that we had lived apart for a while, is there?
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Yes there is. They have third-party databases that they can search to find out your and your spouse's prior addresses, similar to what is done for a credit report (they don't do a credit report, I'm just providing it as an example because credit reports show your former addresses).
I mean, it's not like there is a question on N-400 asking you if you and your spouse have "continuously" lived together in the past?
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They sometimes ask it in the interview. However, once you are together again, and have more solid proof of why you were apart such as his diploma, the interviewer will be more likely to believe your story, rather than thinking the living apart is due to something wrong in the marriage. Meanwhile, try to get his name on the bills at your new address, especially the lease.

Another approach is apply now and have him write down your new address as being his address. For most government purposes including immigration, full-time university students are allowed to claim that their residence is in another place where they have a long-term connection (spouse, parents, own a home, lived there prior to commencing studies, etc.). However, if they go that route, they need to be consistent with it, so if their permanent address is in another state, their driver's license or state ID should be of that other state, they should file taxes as a resident of that state, and pay the out-of-state tuition rate of the school where they are studying.
 
marissa07 said:
Hi guys,

I will be applying for a citizenship on a basis of a marriage to a US citizen.

I had to relocate to where I live now a couple months ago for my new job and unfortunately, my husband could not join me because he is currently in school, which means we have been living apart for the past couple months. He will be joining me upon graduating in May next year.

I understand it would be obvious to USCIS that my husband and I live apart since I need to put down addresses for my husband and myself and they will be two different addresses. I wonder if this would be a red flag.

We have many documents to prove our marriage as well as his and my boarding passes when we visited each other during past months. And I plan on writing a quick cover letter explaning our circumstance.

Despite all these documents, if living apart from a spouse is a red flag, I would definitely rather wait until he joins me next May to apply for a citizenship, but I thought, if it isn't a big deal, I would go ahead with the process that I can get it over with ASAP.

Please advise. Thanks!
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8 cfr 319(b)(C) does make an exception for involuntary separation such as job relocation. Include a cover letter with your application explaining why you are living apart and cite 8 CFR 319(b)(C).
 
Thank you all very much! We decided to just play safe and wait until next year when he graduates and joins me in this new city to apply for my citizenship. I mean, it's not like I'm in some kind of hurry to get my citizenship or anything.
If the IO does ask that question during my interview (whether we ever lived apart from each other), I will be truthful and explain to him/her it was an involuntary separation due to job relocation and we are living together now. I will definitely have his name on the apartment lease, utility bills etc at a new place and along with all the joint account documents we have so far, I think we will be okay.

Thank you again all!
 
i have the same case. mu wife studies in the same state..2 hours away.. i for job reason had to stay here.. we do our taxes and paperwork with both names. we visit each other and talk often ... i went to the interview and they ask me to come back alone for a second interview.. we been married 4 years....
 
I agree with Bobsmyth...this should not be an issue if you provide reference to cite 8 CFR 319(b)(C) and provide explanation/documentation.

I think it is more important you show you maintain the strong family ties including filing joint tax return, banks accounts, etc...
 
thats true... i have all the taxes bank acc, insurance credit cards, rent, everything with both names.. she lives 2 hours away and i think thats y i have a second interview...u think thats reason enough....???? plus i pass the test.
 
i am not an expert in the field i believe you should be fine, sfc....living separate obviously prompts a red flag by USCIS (which is understandable as potential fraud prevention), but it should not worry people who have bona fide marriage relationships and due to job/schooling, have to leave at separate places.
 
thats true. besides i have to take care of my dad and mom. since i put them on my taxes as well and my dad had cancer last year. she was going to college and now university... should i go with her to the 2nd interview??? maybe they just wann asee me. i mean, what else they want me to go for? i have all paperwork pass my test dont have felonies.. what could it be?
 
marissa07 said:
Thank you all very much! We decided to just play safe and wait until next year when he graduates and joins me in this new city to apply for my citizenship. I mean, it's not like I'm in some kind of hurry to get my citizenship or anything.
If the IO does ask that question during my interview (whether we ever lived apart from each other), I will be truthful and explain to him/her it was an involuntary separation due to job relocation and we are living together now. I will definitely have his name on the apartment lease, utility bills etc at a new place and along with all the joint account documents we have so far, I think we will be okay.

Thank you again all!
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Not to complicate things for you but whether you do it now or wait till next year, the issue of your involuntary location of abode is going to come up whenever you apply even if you wait for another year or so. In my own opinion, you are better off applying now if you are qualify because you know the rules with immigration related matters changes from time to time. Moreso, you will find out that what we actually call red flags are somewhat yellow flags if I am allowed to put it that way. In other words, this is a simple matter that of course they will not just take your word for it but since you have proofs that it wasnt voluntary and since you both have solid evidence, you are in the clear!

If I were you, I will take the bull by the horn. I was qualified to apply last year August but had this attitude of "whats the rush". Now I really wish I had rushed because there are really good opportunities I missed this year because I am not a citizen which really sucks. Guys at USCIS are more friendly and reasonable than ever! Even people who commits crimes in the past and are not aggravated crime or anything that will raise national security are getting naturalized so why shouldnt you who dont have any criminal record (inferred from your previous posts) get yours. By the way, I do not have criminal records either. I had some issues with my credit and I erronously thought it was going to be issue but alas, matters like that are baskets, they doesnt even hold waters!!

Just my flake of snow :D
 
johntlc said:
Not to complicate things for you but whether you do it now or wait till next year, the issue of your involuntary location of abode is going to come up whenever you apply even if you wait for another year or so. In my own opinion, you are better off applying now if you are qualify because you know the rules with immigration related matters changes from time to time. Moreso, you will find out that what we actually call red flags are somewhat yellow flags if I am allowed to put it that way. In other words, this is a simple matter that of course they will not just take your word for it but since you have proofs that it wasnt voluntary and since you both have solid evidence, you are in the clear!
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I agree that immigration rules can change, as well as the attitude of the officers. If sfc can clear it now, all the better.

However, I disagree that this year and next year are same, as once having completed 5 years, it frees one up from proving the existence of the marriage on which the GC is based.
 
sanjoseaug20 said:
I agree that immigration rules can change, as well as the attitude of the officers. If sfc can clear it now, all the better.

However, I disagree that this year and next year are same, as once having completed 5 years, it frees one up from proving the existence of the marriage on which the GC is based.
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Well the year or so I am talking about will still put her under 3 years. And you are correct, if she wants to wait for the 5 year rule then thats a different story.
 
johntlc said:
Not to complicate things for you but whether you do it now or wait till next year, the issue of your involuntary location of abode is going to come up whenever you apply even if you wait for another year or so.
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The question may arise anyway, but if they're living together when they apply, it will be easier to convince the interviewer that it was a temporary involuntary separation. And the US citizen spouse is not required to list prior addresses, so it won't be obvious that they were living apart in the past (of course, they could ask about the USC's prior addresses in the interview, but they don't always do that).
Moreso, you will find out that what we actually call red flags are somewhat yellow flags if I am allowed to put it that way. In other words, this is a simple matter that of course they will not just take your word for it but since you have proofs that it wasnt voluntary and since you both have solid evidence, you are in the clear!
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Living apart is a red flag, at least based on the experiences on this forum. Most such cases have difficulties with getting approved, usually having to submit additional evidence or get a second interview, or "decision cannot be made" followed by a lengthy delay.
 
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Just bit of a brainstorm on this...In Marrisa07's case the validity of marriage is crucial as the case is based on 3yrs marriage based. I havea similar case wherein my family is out of country for past couple of years, their Re-entry permit expired too, and marriage is still valid. I visit home country often (for a month or more at least every year). I consulted seniors on this forum (Bobsmyth, Jackolantern), and they believed it is not a problem to get USC, because mine is based on employment. Honestly I am still bit worried in terms of what questions I would face in interview, as I was honest to mention my spouse and kids address as in home country and not in USA, which is a fact. I guess I need to gather enough evidence too and soon will consult an attorney for this.
 
newjersey_dude said:
Just bit of a brainstorm on this...In Marrisa07's case the validity of marriage is crucial as the case is based on 3yrs marriage based. I havea similar case wherein my family is out of country for past couple of years, their Re-entry permit expired too, and marriage is still valid. I visit home country often (for a month or more at least every year). I consulted seniors on this forum (Bobsmyth, Jackolantern), and they believed it is not a problem to get USC, because mine is based on employment.
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You are applying based on the regular 5 year rule, not "employment based". Using the 3-year vs. 5-year rule has nothing to do with whether your green card was obtained by employment or marriage. There are people who are married to a US citizen for 3 years, but they got their green card via employment or asylum or another relative; they are eligible for the 3 year rule (assuming they otherwise meet the residence/moral character requirements etc.).

In your case, because you are using the 5 year rule, it doesn't matter whether you are living apart, living together, or divorced (unless you spent an extended period outside the US while your spouse and children remained in the US, and you want to use their presence in the US as evidence of your ties to the US).
 
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