N400 Application thru' Spouse in Jan 2012 | Spouse getting a GA license temporarily | Any effects?

S

screwedupcase

Registered Users (C)
Hi,

Can anyone suggest if there are any issues with this particular situation where I am planning on applying for naturalization through my US citizen spouse around January 2012. She needs to move to a different US state for a few months (Oct 2011 - Jan 2012) and needs to open a bank account and get a drivers license in that US state temporarily until she wraps her work.

The question is, does this situation lead to any complexity in my N-400 application?

Responses would be much appreciated!​

Thanks!
 
Has she already been living and working in that state for several months or years? Or did she just move to that state this month or last month?
 
Several issues

Can she be considered a "commuter" or on "temporary assignment" rather than having changes residence?

What will be the living arrangement in the other state? Purchase a house or condo vs. long term lease vs. month-to-month rent vs. sublet vs. employer provided accommodation vs. hotel/motel/room for rent/shared housing or staying with a friend or relative?

IF considered to have changed residence, there is the three month residence consideration.

IF claiming no change to residence then income taxes may be the determining factor.


Married couple living apart always yet seeking early naturalization based on that marriage look suspicious to authorities. Be prepared for that.


IF any of these seem to be an issue for yoy, see a competent lawyer.
 
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Thanks guys for the quick response!

She is going to be temporarily (3 months, Oct '11 - Jan'12) staying in GA partially to take care of her mother and partially to travel. For that, she may purchase a used car for which she needs insurance and all her advisors are telling her to register the used car in her name, which means a GA license etc... Essentially, she is definitely not moving there, but will be staying there with family for personal reasons BUT with the twist of getting a GA license and a bank account (for some personal family matters). So, no intention of change of residence or getting employment in GA.

So, with this situation, I was wondering if it affects my N-400 application in anyways?
 
She should avoid changing her license to GA. That will make GA see her as a GA resident, with possible tax implications and complications.

She may be able to keep her non-GA license but still register the car in GA. Some states allow that if the car is going to be regularly garaged in the given state while the owner is a resident of another state.

Bank account in GA is a not a problem, assuming she's keeping the joint account open in your state.
 
OK. You have stated that the wife is the USC and she will be moving away temporarily to live with her mother. You have indicated that she will be coming back in January and that YOU will file an N-400 in January.

WAIT until she comes back before you attempt to file an N-400 based on that marriage. Waiting will save you headaches if you prevent USCIS from accusing you of having sustained a loss in a marital union and are attempting to commit fraud by filing on a phony marriage.

OF COURSE, if you enjoy battling suspicious government officials, just ignore this post.
 
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