Marital union requirements (long distance) for I751 and N400

[elinhye 0]

Hi, 

 

I am currently waiting on I-751 and it has been 3 years since we got married. I'm just planning to apply for N400 when I-751 is done but there might be a possibility that I would have to work in the West Coast while my husband is in NY. Would this be violating the marital union requirement? 

[Just Paul 4,591]

26 minutes ago, Elin Hye said:

Hi, 

 

I am currently waiting on I-751 and it has been 3 years since we got married. I'm just planning to apply for N400 when I-751 is done but there might be a possibility that I would have to work in the West Coast while my husband is in NY. Would this be violating the marital union requirement? 

No issue with temporarily living apart.

[elinhye 0]

Actually we have been living apart for about 6 months due to my job situation. NY - Europe. I was planning to go back to NY but it's most likely that I might get an offer in the West Coast. Would this become a problem?

[Going through 5,668]

Living in "marital union" doesn't mean that a couple physically lives together.  It means that the marriage remained bonafide despite living in separate places temporarily.

 

The 6 months in Europe is unlikely to become an issue for marital union....however it may become an issue with meeting the requirements for continuous presence since you also worked in Europe during that time.   A lot will depend on whether it appears you set up residence in Europe during that time, if you leased an apartment, if you maintained US ties while in Europe, etc.

[elinhye 0]

Even if I work in, let's say, San Francisco, can I still apply for N400 in NY? My husband and my address is based in NY. Do I have to somehow prove that we travel between NY—SF?

[Going through 5,668]

The mailing address is in NY, but your physical address will be SF.....How long is your work contract in SF for?  Easier to wait the 3 months in San Francisco before filing the N400 from there...you'll have an apartment/lease/utility bills/proof of employment and all that while over there working, so will be able to prove the eligibility for filing in San Francisco by then....and won't have to worry about USCIS messing up when they are transferring the case over from NY, either, once they realize the address change when you file the AR-11 for where you physically reside at.

 

If the work in SF is only temporarily, easier to wait and file the N400 from NY when you are physically back to residing there.

Edited August 9, 2019 by Going through

[elinhye 0]

One more additional question:

 

I am eligible to apply for N400 now but am currently waiting on I-751 approval that I submitted last October. Is it better to wait on I-751? Or should I just apply for N400 now, hoping that I-751 will be approved before N400 is done?

[Going through 5,668]

20 minutes ago, Elin Hye said:

One more additional question:

 

I am eligible to apply for N400 now but am currently waiting on I-751 approval that I submitted last October. Is it better to wait on I-751? Or should I just apply for N400 now, hoping that I-751 will be approved before N400 is done?

Applying for the N400 will force the adjudication of the i-751, which is a good thing as it will move the i-751 along----many members have a combo i-751/N400 interview.  There is nothing stopping you from applying for the N400 as soon as you are eligible to do so