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aaronrock

Question about filing during involuntary separation

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Filed: Lift. Cond. (pnd) Country: China
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I have a question about filing N-400 during involuntary separation. I will be eligible to file N-400 in May, 2017 using the 3-year marriage rule. My USC husband and I are currently living together. My UCS husband is serving in the military. I am unemployed as of now but I was offered admission to a state university for a 4 semester academic program starting January 2017. The university, although in the same state, is located about 4.5 hours drive from our home, and therefore we will be living apart during school days.

I am considering the possibility to apply for N-400 next year. My question is: will my case be likely to be considered as involuntary separation, given the fact that my USC husband will still be serving in the military at the time of my filing (which prevents him from moving with me) and the fact that I have to move to study in the university that admitted me?

I would like to cite the specific clause that defines involuntary separation here:

"© 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."

Edited by aaronrock
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Filed: Citizen (apr) Country: Ireland
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It could be, though I think the military service refers more often to active duty in a war zone.

How often do you plan to visit when you are separated? For example, if your plan is to go home every weekend, you could keep your permananet address at where he is/

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.

mod penguin.jpg

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