Married LPR Files N-400, but living apart

[317935 0]

Hello everyone,

Everyone on this forum has been a great help for my ROC journey, I hope you can help me out on my naturalization journey as well.

So I just received my 10-year GC couples weeks ago. Of course, we have been celebrating, but now reality hits again, we will file the N-400 next January. The problem that troubles us is that I am moving away from my USC wife this September for pharmacy school. She still has to finish her degree and works a job at our current town. Plus, her parents need her here to help so ultimately we decided to live apart while happily married. It's about 6 hours of driving between us. She won't be able to visit me much because of her busy schedule but I will come home for Thanksgiving and Christmas and whenever I have time to visit. So when I apply, it will have been about 5 months that we live apart. We are wondering if this will cause any troubles at my interview. I would love to hear from your similar experience. If you know any thread of the same situation, I will really appreciate the link.

Thank you all! Cheers.

Edited July 31, 2014 by 317935

[Tom_Jim 40]

good luck

[mamaSue 38]

I think your problem would be to prove to the IO that you're still a married couple. I'm not sure how you'd do that.

If I were in your shoes, I'd hang on for 2 years and file based on 5 years' LPR instead of 3 years marriage.

[317935 0]

I think your problem would be to prove to the IO that you're still a married couple. I'm not sure how you'd do that.

If I were in your shoes, I'd hang on for 2 years and file based on 5 years' LPR instead of 3 years marriage.

Thank you for your opinion. To be honest, we are considering that option as well. However, won't IO still be questioning us about the time we live apart? And is our marriage no longer a factor in determining neutralization for 5 years' LPR?

[dioxide45 25]

Thank you for your opinion. To be honest, we are considering that option as well. However, won't IO still be questioning us about the time we live apart? And is our marriage no longer a factor in determining neutralization for 5 years' LPR?

No, the validity of your marriage would have been determined upon removal of conditions and being granted a 10 year green card. Since you are now past this point, you don't need to prove that again if you file for citizenship at five years. Filing at three years is the problem if you are not living with your US citizen spouse. In order to file at 3 years, you still have to be in a bona fide marriage to the petitioner spouse. The marriage could fall apart a month after removal of conditions, if that happens you just have to be an LPR for five years before you can file for naturalization.

[mamaSue 38]

Thank you for your opinion. To be honest, we are considering that option as well. However, won't IO still be questioning us about the time we live apart? And is our marriage no longer a factor in determining neutralization for 5 years' LPR?

No.....I didn't file as a spouse, I filed under the 5 years LPR. You're filing under your own residency... they don't even care whether you're married or not.....

And it's a whole lot less paperwork to send!

[317935 0]

Awesome. I guess we will wait to file under 5 year LPR then. We don't want to risk anything. Thank you all for your inputs.