Unique situation

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copper1

Registered Users (C)
Folks, I have a unique situation. I got married to a US citizen in July 2005. The same month I received my green card based on asylum. My wife is originally from NY and became us citizen in May 2005. I am from Ohio.

It is my understanding that I can apply for citizenship based on marriage to a US citizen. On those grounds I am planning on applying in July.

Now here is my unique situation….

My wife still works in NY and I work in Ohio. We have a child together. We see each other over the weekends and during vacation times. Sometimes I go to NY and sometimes they come to Ohio. This has been going on for almost 3 years. My son was also born in Ohio. For 8 months my employer allowed me to work from home so I was staying in NY. Despite of trying I haven’t been able to find a decent job to make my move which is very frustrating.

My marriage is genuine and we have all supporting documents. However I am not living with my wife on a constant basis. Given my situation would it be an issue to apply for citizenship based on marriage as my understanding is that “Married and Living together is the key here”. I also noticed the address fields in the new N400 application and I don’t want to put false information.

Please advice.


Thank you

Copper..
 
You got your green card via asylum ... is it backdated to July 2004? If so, you would be able to apply on your own (i.e. without basing your application on marriage) in April 2009. So you can either apply in July 2008 and take the chance of being rejected because of your living situation, or apply in April 2009 on your own merit, when your marriage won't matter.
 
Copper1, it is good to see you here.
You have one strong reason which shows you marriage is real. THE KID. It is good to consult a good lawyer otherwise they may make you cofuse.
If I were you, I would lay everything down this weekend and plan it (you have three days off) and you can totally figure out.
Keep in mind, based on the recent approval, Ohio has a better chance for faster processing.
I am sure there is a way to prove this and win the case.

Good luck budd.
 
Same here….. I have actually gathered copies of our combined bank statements, car insurance agreements that show both our names. Our Health Insurance card that lists 3 of us. My beneficiary information from 401k and work listing my wife and my son. I also have my application pretty much filled out. Just to be on the safe side I am going to go through a lawyer and make sure I am eligible to apply based on marriage, it will just save me a year. I am just sick of getting visas and harassed during international traveling. Hopefully after citizenship that will somewhat stop.
 
what do you do when one has extensive travelling related to work? It is no different than being a consultant that is home on weekends and is travelling 80+% of times.. Just a thought..
 
Yours is not a clear-cut case for approval or denial. Talk it over with the lawyer; I don't think there is anything more you can gain here.
 
Is your work in Ohio temporary with a permanent NY address or do you both have separate permanent addresses? Is the marriage for the sake of the child only or is this only a temporary situation and you will all eventually live as a family again?
 
:) This is a real and happy marriage. When we got married the plan was to stay in Ohio but things did not work out due to economic. We both were not able to find jobs in other states. She has an Ohio state ID but also NYC driver license. I have no NY ties other than I lived there for 8 months. I own a house in Ohio and she owns a house in NY which is also a challenge to sell. Other than that I have every kind of evidance to prove that the marriage is in good terms such as joint bank accounts, car insurance, health insurance, beneficiary information, joint credit card and phone bills etc and they all tie to Ohio.

I am still looking for a job in NY but its hard to find something that pays enough to handle 2 mortgages..
 
copper1 said:
:) This is a real and happy marriage. When we got married the plan was to stay in Ohio but things did not work out due to economic. We both were not able to find jobs in other states. She has an Ohio state ID but also NYC driver license.
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It is generally not allowable to simultaneously keep a state ID of one state and a drivers license from another.
I have no NY ties other than I lived there for 8 months. I own a house in Ohio and she owns a house in NY which is also a challenge to sell. Other than that I have every kind of evidance to prove that the marriage is in good terms such as joint bank accounts, car insurance, health insurance, beneficiary information, joint credit card and phone bills etc and they all tie to Ohio.
Click to expand...
You won't have any problem convincing them the marriage is genuine. But that's a separate issue from the "living with" requirement.
 
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You do not necessarily need to apply via an immigration attorney, just consult with one re your circumstances and see what they recommend, and maybe what they suggest on how to answer the N-400. That's what I did with my application. An upfront consultation is much less expensive than a full attorney supported application.
 
if i was you i would apply under 3 year, if the only concern is to prove your marriage and if your marriage is real - you can ALWAYS prove it!!!

but 90% chance USCIS will not question it, cuz you have best proof possible - child together.

at the very worst case they might investigate your answers, call employers/friends or have separate interview with many detailed intimate questions, i saw a list somewhere if i find it i will pust it here, and if you even spend only weekends together AS A TRUE NORMAL FAMILY your answers will match and prove it - don't even worry.

besides i saw a case last year on VisaJourney.com that couple were graduate students in different universities and case was still approved.

"living with spouse" requirement is about being in normal marriage, having common household, finances, taxes, property and not being in a pre-divorce separation, it has nothing to do with how many days per week or per month you see your family. of course it's sad to see them rarely, but it's not ILLEGAL or disqualifying from naturalization.
 
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The criterion is not to prove if the marriage is genuine or not. It is living with the US citizen spouse, which clearly is not the case here. In my opinion it would come down to the interpretation of the particular officer interviewing you. In any case, I would go ahead and file the application and take a chance. If not you can always refile under the 5 year rule. But please do post your outcome for others, because it is a unique case. My gut feeling is that you will not have problems. Good luck.
 
First for the sake of your marriage and for your kid, try to arrange for the family to be together even if one of you has to take a job in a different field. Your kid will thank you when he/she is grown
Secondly, the requirement is that the marriage is genuine, not that you have to be living in the same house 24 hrs a day. However, the history of fake marriages is that two people will get married for immigration purposes. But since they are not really "married", they live in their own different houses.
So the best way to prove a genuine marriage is to live together. So you have a battle in fron of you that I hope you win. Or to avoid all the hassles and the extra cost of hiring an attorney, wait till april 09 and apply based on 5 yr LPR status. After all, there is no guarantee that if you apply this july it will be done before april 09
 
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