N400: Do I have to physically LIVE with my wife for 3 years

AAZZ

Registered Users (C)
I have already applied, but I was going over my N400 application for interview prep.. Suddenly this question hit me: Do I have to physically LIVE with my wife to be eligible to apply under 3 year rule.

The exact language in N400 is:
"I have been a Lawful Permanent Resident of the United States for at least three years, and I have been married to and living with the same U.S. citizen for the last three years, and my spouse has been a U.S. citizen for the last three years."

When I got married, my wife was going to Medical School. Initially, I lived with her but could not find a job in my profession in her area. When money ran out, I left to work in other states where I could find a job in my field. I worked in two different states with the understanding that her home is my permanent home. We flew hundreds of time to see each other. Also, once her scholarship stopped for a semester, I supported her for her living costs. In order to find a job in my state, she took some electives in different hospitals in my area and lived with me during that time. Once she graduated, she got a job here, and moved in with me and we have been living together for last 1.5 years.

So, my question is, in my interview, will this be a problem that I did not live with her for full 3 years on the day of filing my application?

Should I hire an attorney to go with me on interview?

or am I freaking out for nothing?
 
You'll most likely have to show evidence that you shared the same physical address during the statutory period according to the language in 8 CFR 319.1 (b) (1):

Marital union—(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.
 
You have already applied so what you need to do is prove that you still had a valid marriage during the 3 year period, evidence of all thos flights would be a good start, do you have boarding passes, frequent flyer records or credit card records to prove the travel?
Were you paying the utilites etc in the marital home?
 
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