Application for Naturalization

[ikyang 1]

I am eligible to apply for naturalization 3 years after being a permanent resident here in US because I am married to a US citizen.

and my question, what if 6 mos or more of that 3 years you live in a separate house because of work? like i want to live closer to my work because right now we live in a country close to his work and i drive about an hour to get to work...and he doesn't want to move..would that affect my naturalization?

[payxibka 10,044]

I can't see why... you need to demonstrate 3 years of marriage to a USC.... I am not aware of any requirement to demosntrate conjugal living arrangements

[YuAndDan 153]

Depends if you declared the 2nd home as your residence or not. For example I work at a state college, and many students live in apartments near the campus, but their residence is still listed as their home away from the college.

From USCIS:

(iv) Involuntary Separation . When an applicant and spouse live apart as a result of circumstances beyond their control (i.e.) service in the military or essential business or occupational demands, the resulting separation, even if prolonged, will not preclude naturalization under this part. See 8 CFR section 319.1(b )(2)(ii)(C ). It is essential to determine whether the decision resulting in the separation, was driven by a true economic need or simply driven by a comfort level that the couple prefers. If the decision made was not drive n by a true economic need or required military service, the applicant applying under this section may not qualify.

• Example of involuntary separation: A husband and wife met while working towards PhDs at the University of California, Santa Barbara. The USC husband accepted a tenure track position at Hamilton College in Rome, New York. The LPR wife was offered a Post-Doctorate Fellowship at the Smithsonian. The husband and wife had been living apart for most of the three years. She had telephone bills, copies of e-mails to each other, stubs from some airline tickets from vacations and school breaks, and credible testimony that her husband sometimes drove back and forth on three or four day weekends. The adjudicator approved this case at the time of the examination for having qualified the separation as an involuntary separation.

http://www.uscis.gov/propub/ProPubVAP.jsp?...01f8beff6408132

[lucyrich 19]

I can't see why... you need to demonstrate 3 years of marriage to a USC.... I am not aware of any requirement to demosntrate conjugal living arrangements

There are definitely requirements to live together, per INA 319(a).

From The USCIS interpretations 319.1

The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.

...

It has been held, however, that the residence in marital union, or at least a substantial portion thereof, must be in the United States, with the citizen spouse.

As YuAndDan pointed out, there's other language that says that a temporary separation for reasons outside the control of the couple or for essential business demands does NOT preclude naturalization, so I think aying may well be in the clear, but that does NOT mean there are no requirements whatsoever to live together in the same household.

Any time you live in separate households, you're starting to get into a grey area. I'm not sure if avoiding a one hour commute would constitute "true economic need" as the text quoted by YuAndDan says.

I'm certainly not qualified to weigh all the factors and give an answer here. I could imagine it being argued either way.

[diadromous mermaid 36]

I am eligible to apply for naturalization 3 years after being a permanent resident here in US because I am married to a US citizen.

and my question, what if 6 mos or more of that 3 years you live in a separate house because of work? like i want to live closer to my work because right now we live in a country close to his work and i drive about an hour to get to work...and he doesn't want to move..would that affect my naturalization?

It shouldn't if the reason for separate abodes is not a precursor to a divorce action, as in a legal separation.

[warlord 72]

There will most likely be questions about why you live in seperate places. Many people have much longer commutes but still remain in the same household. If you were across the country it might seem more viable. You'll have to really demonstrate why you two are doing this to prove that you are still married and together. I was asked at my interview (even with photos, proof, documentation of us still living together) why my wife wasn't at the interview with me. So yes they very well most likely be questioning your situation...

[ikyang 1]

thank you for all your replies guys....for now i am driving an hour one way to go to work. and he drives only 15 minutes... we are renting our house now so i keep on convincing him since we are renting we have a lot of options to meet at least half way. but he is not interested. I want to move close to my work to prove to him that i am very serious moving.

and yes, i know some people has longer commutes than me, so USCIS when i will apply for naturalization will question me on this. well, i have to think this over and over then.

thank you again guys.