Jump to content
Sign in to follow this  

Filing under 3 year rule but don't live with each other

3 posts in this topic

Recommended Posts

Hi all,

I became a permanent resident in 2012 and removed the conditions in 2014. Right now, I am eligible to apply for citizenship under 3 year rule. However, I currently don't live with my wife. Since 09/2014, I moved to a different city (~350 miles away) to attend professional school. We debated a lot whether my wife should go with me or not but we decided my wife would stay because her parents need someone to help out and take care of them (we lived with her parents at that time). Since then, we have been so busy with everything but I was able to visit home like 3 times in a short period of time. We just exchange texts sometimes.

My question is, will the fact that we don't live together at one address affect my citizenship application process? A friend told me we could wait until we could apply under 5 year rule (we will most likely still apart) and that can be easier, but I am not sure. Applying under 3 year rule will be faster but riskier, from what I see.

We have a joint bank account and we have been filing taxes jointly. Since I moved, I still haven't change my address on my driver license because housing contract limits me for 2 years and I have to find another place until i finish my program so I decide to save myself the trouble of changing addresses.

I'm looking forward to inputs from you all. Feel free to ask anything, I'll do my best to clarify.


Share this post

Link to post
Share on other sites

If there is no urgent need for you to become a US citizen, such as wanting to petition family or needing to live abroad for a long time, I would wait for 5 years, as then it will not matter whether you live together.

You can try for it now, but you are supposed to be "living in marital union: to file after 3 years, and you will certainly be asked about why you do not live together and, it sounds like you only had three short visits with your wife in 10 months, that is extremely unusual for a bonafide marriage.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post

Link to post
Share on other sites

I agree with the previous comment. I would guess that your interview could go either way... I've read cases like yours where the applicant was approved and cases where the applicant was denied. At the very least you can expect a lot of questions unless you get a really lax interviewer. If I were you I would apply under the five year rule.

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.