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Hey there all,

I have some questions in light of a situation that my wife and I are going through. So here is my situation:

My wife and I are thinking of moving to Florida to be closer to her parents and my wife and I would also like for me to get citizenship as soon as I can. The only hiccup would be that she had a job interview this morning and I think she has a pretty good chance at getting the job she applied and interviewed for in Florida. So let's say she gets offered the job and takes it and has to move down to Florida. I would have to stay in NYS and sell the house and move/get a job in FL once the house sells. How is this going to affect my citizenship application? It would be an involuntary separation, but it is not like she is being laid off from her job, we would just like to be closer to her family. Would I have to wait for another 2 years to file citizenship.


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N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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Here is your answer:

Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

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)©. 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 driven by a true economic need or required military service, the applicant applying under this section may not qualify.

Her accepting the job in Florida when you're in NY is VOLUNTARY meaning you/she has a choice. Thus this is NOT Involuntary!

• 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.

My advice - go to: https://www.avvo.com/ask-a-lawyer

And ask a immigration lawyer your question. Its free.

Have a nice day!

Edited by Metaler

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Ok. Thank you


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N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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No you wouldn't have to wait another 2 years, but it maybe beneficial to wait until you guys are settled in Florida.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Some applicants in similar situations have been approved because they managed to show that they had been living together, that the separation was recent, and that it was temporary. For instance, if you had a job offer in Florida, or if you could show that the house was on the market.

However, some applicants have been denied. A couple who live in Florida (spend the weekends together but live in different parts of the state during the week) had the wife's application denied earlier this year.

Best course of action would be to wait until you move to Florida, wait a further 3 months, then apply. If you reach the 5 year mark before you move back in with your spouse, then apply based on 5 years of residency.


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

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Why do you have to stay in NY until the house sells? Won't the realtor show the house and send you offers?


If at first you don't succeed, then sky diving is not for you.

Someone stole my dictionary. Now I am at a loss for words.

If Apple made a car, would it have windows?

Ban shredded cheese. Make America Grate Again .

Give a man a fish and he will eat for a day.  Deport him and you never have to feed him again.

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I have a condition where my meds cost alot of money per month. If I did not have health insurance I would be pay $6000 for my meds I take daily. My specialist just put me on a med that cost $2128 for a 30 day supply and only cost me $25 cause I have health insurance. Our main thing is having good health insurance due to my condition. I know alot of people will say that she should put me on her health insurance, but if I go with her and don't have a job and only have a single income and I don't get a job for a moth that would put some financial stress, whereas if I stay and sell the house I know when I need to get a job for and hopefully have something set up for when the house sells. I did also think about it that way too, that I could move with her and then sell the house from Florida. I do appreciate the idea.


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N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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If I was you, I'd do as NLR suggests and wait til you're settled in FL. It seems like an unnecessary stress to also be doing the paperwork for the N-400 as WELL as moving, changing jobs, selling a house etc. etc. It's not like the window to apply expires, so long as you keep your LPR status. Plus, making sure USCIS have your address correct half way through a move, for bio / interview / oath seems like an extra unnecessary pain, too.

And, for what it's worth - I don't think a short-term, temporary, separate living situation is going to be a big deal on your application. Moving States is *almost* as much of a faff as moving countries. ;)


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Hello everyone,

 

It's been a while since I posted in this topic. I have one last question? My wife and I have finally moved to Florida. She got to Florida May 8 and started a job and I got to Florida on May 28. Do you think that will be an issue when it comes to applying for Citizenship or should I just try to show them that she had a job offer and that the house was on the market at the time and that it was a temporary thing? It was not like we separated, she got a job offer and came down and then 20 days later I arrived.   


AwLw.pngAvg5.pngkjam.pngNS7L.png6HPt.pnguVbv.pngk3G8.png

 

N400 - Naturalization

Aug 05, 2018 (Day 1): Applied for Naturalization online

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online

Aug 11, 2018 (Day 6): Received notification that Biometrics appointment scheduled

Aug 13, 2018: Received biometrics appt letter online

Aug 28, 2018: Biometrics Appt

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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The circumstances are not unreasonable or unusual, and they're perfectly understandable.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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