Refiling N400 after Denial

[rsanford]

My wife and I have been married since 2004 and she got her green card in 2006. We applied for her citizenship in June 09 but she ultimately was turned down due to a trip to the RP of over 6 months but less than 1 year (unexpected delays in returning but our fault). I think the real reason was bad blood for some reason between her and the examining officer. In any event, her return to the US from that trip was May 29, 2009 and we are approaching 3 years from that date.

1. My question is does the filing 3 month early rule apply in this situation.

2. My other question is all her family live in northern CA, including mother, father, and sister. Would there be a problem with her moving there and establishing the 3 month residency period and then filing out there. I guess the deal would be to be around family and look for work in anticipating of me moving there later. Would this raise too many red flags re validity of relationship, etc. I kind of want to avoid the Memphis office where we had so many problems and she does travel to CA to be with them frequently.

Thanks a lot for any info.

 

[Jackolantern]

If you have been a US citizen for at least 3 years, she can apply now based on the 2 year + 1 day rule, or Feb 28 based on the 3 years minus 90 days rule for marriage to a US citizen.

Living separately from you would raise a red flag if she's going to apply based on marriage. If you're not living with her by the time the interview occurs (and have proof of living with her in the new location) you can expect some difficulties.