Ok to file for N-400 when living apart due to employment?

[pdx751 12]

Been married for over 3 years to a USC but here's a quick summary of our timeline:

 

July 2015 - Got married in USA

Feb 2016 - Got approved for conditional GC. Received GC thereafter.

Nov 2017 - Filed I-751 to remove conditions on GC. Current wait time > 20 months  

Dec 2017 - We decided to live apart temporarily to sort out some marriage issues. Physically separated but not legally. Still working on marriage.

Oct 2018 - USC spouse MAY have to move to another state for a new job.

Feb 2019 - I complete 3 years as a perm resident.

 

I'd like to hear opinions whether it is advisable for me to file for the N-400 between Nov'18-Feb'19. I understand the requirements for filing N-400 as a perm resident married to a USC. But although we lived apart during one of 3 years, we are trying to reconcile the relationship. It just so happens that the spouse has now received an offer to start working in a different state.

 

If the couple cannot live together due to employment, is it ok to file for the N-400 in that situation? An immigration lawyer informed me a while back that if we get back together after living apart, that is seen as an effort to make the marriage successful and therefore, a temporary period of physical separation (and different addresses) is acceptable (as long as the couple can prove they were working for the betterment of the relationship).

 

What's the best course of action here? File before Feb'19 or wait for 5 years to be completed instead?

[Liam2021 559]

If you apply on 3 year rule then you will maybe got some questions about your bonafide marriage since you're not living together.

[geowrian 22,335]

There is a requirement that you live in "marital union" under the 3 year rule. Living physically apart can qualify still, but personally it sounds like waiting out the 5 year period would be the best and least risky option IMO. But you are free to do the 3 year option and hope for the best if you so choose.

[Marieke H 2,314]

If a couple is not living together because of employment, the N-400 could still be approved based on the 3 year rule.

 

However, you are not living apart because of employment. You have been separated since December and that had nothing to do with employment. I would not risk it, and just wait a few more years.

[pdx751 12]

Thanks all. If we had decided (or decide in the near future) to separate permanently, I would not be considering the N-400 within 3 years. But because we are undecided on our future course and the spouse's employment change has just come up, I am trying to figure out what is the best course of action. Of course, this isn't just my decision. If an application is going to be filed, it will be a joint decision. I just wanted to hear opinions , especially if other people are on the same boat.