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persiankitty

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Filed: Timeline

I filed for US citizenship based on a 3 year marriage to a USC, unfortunately after I filed something intense happened between us and my wife threw me out of her home, but later we talked and sorted things out and I moved back with her with the intention that we both will move to different state after my interview in july. At this point I am confused that if I still fall under the category of "marriage of 3 years to a USC and still living together". What should I do in this situation?

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See the USCIS published interpretations 319.1

Although section 319(a), as distinguished from sections 319(b) and (d), further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

In other words, as long as the marriage continues to exist between petition filing and becoming a citizen, you're OK. The "living together" requirement concerns the time before filing.

To find that text, go to the USCIS website, click on "laws and regulations" near the top, then click "interpretations" near the left, then "interpretations" near the bottom, and scroll down to 319.1. I'd put a hard link in here, except that the propublish system seems to always change its links, and besides, you might find some other useful information as you're navigating around to find that text.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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