N-400 and Relocation

[tennnis123 14]

Hello my wife (USC) and I have been married since October 2014 and I have been a resident since 07/2016. I have my 10 year GC and I understand that I can apply under the 3 year rule, we havent done so since we have had so many expenses lately and I am now being relocated to another state and she will be staying in our current state, we live in an apartment and since I am moving she will be moving with her mom, this will be only temporarily and it just because my job is forcing me to move. In my new state the N400 processing time is shorter and I was thinking on applying there, since we will be living in different states most of our bills will have to be splitted, car insurance, my rent in the new apartment is just me, she is getting the health insurance from her job instead of mine, etc... We will be flying back and forward to visit each other... My questions are:

1. Should I apply in my new state after 3 months?

2. Should I move all of her documents to my new apartment? Driver License Car insurance? Add her on the lease?

3. Should I just wait for the 5 year rule? We will still be married, all of our process so far have been long but with no complications

 

I dont mind waiting is just that we want to start the process for my mom and my wife told me that they might be removing that process soon also when we travel we have to go through different lines and what not.

Edited September 10, 2019 by tennnis123

[Dashinka 24,579]

Completely up to you.  I would not worry too much about the law changing anytime soon related to being able to apply for your mom, congress is too dysfunctional for that to happen.

[dilip 187]

1 hour ago, tennnis123 said:

Hello my wife (USC) and I have been married since October 2014 and I have been a resident since 07/2016. I have my 10 year GC and I understand that I can apply under the 3 year rule, we havent done so since we have had so many expenses lately and I am now being relocated to another state and she will be staying in our current state, we live in an apartment and since I am moving she will be moving with her mom, this will be only temporarily and it just because my job is forcing me to move. In my new state the N400 processing time is shorter and I was thinking on applying there, since we will be living in different states most of our bills will have to be splitted, car insurance, my rent in the new apartment is just me, she is getting the health insurance from her job instead of mine, etc... We will be flying back and forward to visit each other... My questions are:

1. Should I apply in my new state after 3 months?

2. Should I move all of her documents to my new apartment? Driver License Car insurance? Add her on the lease?

3. Should I just wait for the 5 year rule? We will still be married, all of our process so far have been long but with no complications

 

I dont mind waiting is just that we want to start the process for my mom and my wife told me that they might be removing that process soon also when we travel we have to go through different lines and what not.

You can apply for 3 year rule and if you move to new state and apply, yes you need to wait 3 months ( make sure one or two days after 3 months).  Why wait, if you are eligible , apply and done with it and would be able to vote in Nov 2020.

[tennnis123 14]

8 minutes ago, dilip said:

You can apply for 3 year rule and if you move to new state and apply, yes you need to wait 3 months ( make sure one or two days after 3 months).  Why wait, if you are eligible , apply and done with it and would be able to vote in Nov 2020.

I want to apply but I am not sure how much evidence they will require because it will be marriage based and since most bills will be separated due to the relocation I am scared they will think that our marriage is not bonafide. My wife did a terrific job putting together all the evidence for the previous processed but now since I am moving we did the following changes:

- closed bank accounts - we moved to Discover for saving purposes but I think I can add her although her direct deposit goes to her personal Bank of America account this is just for financial purposes

- different car insurance policy

- different driver license

- no joint apartment lease

- different health insurance

- we cancelled our AAA policy

 

I do have all this evidence as joint since 2014 to Jul 2019 but just last month we split the stuff because of the relocation

Edited September 10, 2019 by tennnis123

[dilip 187]

44 minutes ago, tennnis123 said:

I want to apply but I am not sure how much evidence they will require because it will be marriage based and since most bills will be separated due to the relocation I am scared they will think that our marriage is not bonafide. My wife did a terrific job putting together all the evidence for the previous processed but now since I am moving we did the following changes:

- closed bank accounts - we moved to Discover for saving purposes but I think I can add her although her direct deposit goes to her personal Bank of America account this is just for financial purposes

- different car insurance policy

- different driver license

- no joint apartment lease

- different health insurance

- we cancelled our AAA policy

 

I do have all this evidence as joint since 2014 to Jul 2019 but just last month we split the stuff because of the relocation

 

[dilip 187]

1 minute ago, dilip said:

 

 

[afrocraft 313]

7 hours ago, tennnis123 said:

My questions are:

1. Should I apply in my new state after 3 months?

2. Should I move all of her documents to my new apartment? Driver License Car insurance? Add her on the lease?

3. Should I just wait for the 5 year rule? We will still be married, all of our process so far have been long but with no complications.

1. You have to apply where you reside, and only after you've established residence (after 3 months) in that state.

 

2. When you apply under the 3-year rule, you have to show that you've been living in marital union with your US citizen spouse for at least 3 of the previous years. While residing at the same place is usually important, you can still show marital union while living apart. See the USCIS Policy Manual Chapter 2 D(3):

 

"Involuntary Separation

 

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:

 

- Service in the U.S. armed forces; or

- Required travel or relocation for employment.

 

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation."

 

So living separately because of work is OK, but be ready to prove that you got a job elsewhere and had to relocate, and that you're still a happy couple (keep travel evidence of your/her trips to visit).