Living in marital union for naturalization, I need help

[Ian H. 207]

Hello everyone,

It's been so long since I logged in here I even forgot how to start a topic lol. I have been browsing all over google, the forums, reading the policy manuals, and anything else I could find regarding the topic, but the answers seem ambiguous.

My spouse is going to apply for citizenship based on the 3 year rule, we still have a pending ROC and we received an RFE about a month ago. I know that she can apply after being an LPR for 3 years-90 days. We have been married for 4 years so we have that requirement down as well. The only thing that keeps throwing me off is the "living in a marital union" part.

Even though we've been married for 4 years, we haven't been physically living together for 4 years. What I want to know is, do they count the time that we didn't live together because she was waiting for her immigrant visa? It just doesn't make sense because it seems that the only exceptions they make is for military spouses and people employed abroad. However their definition of marital union is ambiguous because you can be physically apart and still be married for all intents and purposes.

Anyhow, we want to submit the application this week and pray that it's complete before the elections, but I'm not holding my breath lol. We're also sending in the RFE evidence for the ROC this week too. I figured it doesn't make sense to send two copies of everything since they just pull the file for the ROC when giving the citizenship interview.

If anyone has heard of similar cases and how it went I would appreciate the input. We may end up submitting the application regardless. I've spent more money on parking tickets anyway lol.

[Unlockable 7,322]

Short answer is yes it is going to be a problem.

How long have you've actually lived apart? That is the most important factor.

What is the RFE on the ROC for? If it is about requesting more evidence of you co-mingling (finances, events, residence) then you have an idea of what's ahead.

"However their definition of marital union is ambiguous because you can be physically apart and still be married for all intents and purposes." - Yes but you are dealing with immigration. They will be looking for any indication of fraudulent activity. Even if your marriage is sincere you being separate for the huge duration of your marriage is a big red flag when dealing the USCIS.

[texcal 9]

I'm not sure if I get your question right, so pardon me if I don't.

She has to hold her green card for 3 years AND be married to you. Then she qualifies to apply for citizenship.

Just being married to you without living there holding a green card doesn't qualify for it. The time she is waiting for her visa does not count.

Edited May 21, 2016 by texcal

[Ian H. 207]

The only time we lived apart was the time we were waiting for her petition to be approved and her visa issued. Obviously they can't expect for us to physically be together during that time if I had obligations here such as my job. If that were the case then they would require people to live together until the immigrant visa is issued. I was reading into the exception under the law and the wording implies that reasons beyond our control may be accepted. As someone who studies law, I would not mind taking them to court for not making such a key provision clear if her application were denied because of that. It's not appropriate at all of them not to count the time that the petition and visa are pending.

[Ian H. 207]

I just reread my original post lol. It sounded as if we haven't been living together for 4 years lolol. I meant that although we've been married for 4 years, we haven't been physically living together for the full time. We married in March 2012, I came back like in June and filed the petition. I didn't travel again until June the following year for the interview and left in July. She officially moved here in August 2013. So obviously after she immigrated we have been physically together since neither of us has traveled. My question was referring to that 1 year while waiting for the petition and visa.

Edited May 21, 2016 by Ian H.

[aleful 1,905]

hi

that doesn't count for citizenship, it's since she got the GC and have lived here with you in the US

[NikLR 13,234]

Have you lived together since she became an LPR? I believe the answer is yes so she can apply for citizenship based on the 3 year rule. The time before she became an LPR doesn't matter in regards to living together.

Edited May 21, 2016 by NLR

[Ian H. 207]

We're just going to wait until August to apply, all of this paperwork really has us fed up. We're just going to focus our energy on taking care of the RFE for the ROC. Thanks for the replies.

[Unlockable 7,322]

I just reread my original post lol. It sounded as if we haven't been living together for 4 years lolol. I meant that although we've been married for 4 years, we haven't been physically living together for the full time. We married in March 2012, I came back like in June and filed the petition. I didn't travel again until June the following year for the interview and left in July. She officially moved here in August 2013. So obviously after she immigrated we have been physically together since neither of us has traveled. My question was referring to that 1 year while waiting for the petition and visa.

Ah, ok. That helps paint a better picture.

[NikLR 13,234]

I dont blame you. I decided the US government doesn't need any more relationship evidence from us! 5 years is the earliest I'd even consider applying.

[newacct 688]

I think your situation is that your wife has been a permanent resident for between 2 years 9 months and 3 years. She has been living with you for the entire time she has been a permanent resident (after she entered the US), but that is less than 3 years. She is allowed to file for naturalization because she can apply up to 90 days early. But the issue is the requirement to have been "living in marital union" with you for the last 3 years before filing, which includes time before she came to the US.

I believe you have looked at the part of the USCIS policy manual about marital union and the part that involuntary separation can still count as living in marital union, because you gave the examples of military and employment which it gave. In my opinion, this should apply to you, because, well, why weren't you living with her right before she came to the US? It's probably because you were working in the US and couldn't be away for long periods of time. Isn't this being separated due to employment reasons? That's just my opinion and I am not sure how USCIS considers it.

Or, she can wait until she's been a permanent resident for 3 years and wouldn't have to worry about this issue.

[TBoneTX 47,547]

The OP has closed his account, so this thread is also closed.