N400 while AOS pending

[David_n400 3]

I got conditional green card 3 years ago. I applied for removal of conditions last year.  For the last two years, I worked on 3 contract jobs in a different state. I leased apartments or lived in a shared accommodation as it was cheaper than staying in a hotel for the durations of my projects. But my primary residence is with my spouse where we file joint taxes. We are still living together happily.

Can I apply for citizenship based on marriage with my spouse? Someone told me that I cannot as I was living out of the state so USCIS might reject my N400 application. But I used to come back every two weeks (I have air tickets, joint tax returns, photographs, common bank accounts).

Please share your experience or tell me if I can apply for citizenship or not. 

 

[xyz12345 260]

just an fyi.

 

(See last sentence) Acc to http://myattorneyusa.com/situations-where-continuous-residencephysical-presence-requirements-are-modified-or-inapplicable

• For the three years subsequent to having been admitted as a lawful permanent resident (LPR), have been living in “marital union” with the U.S. citizen spouse;

First, it is important to note that for an applicant for naturalization who is the spouse of a U.S. citizen and living in marital union with such citizen, there is no requirement that the basis for the applicant's LPR status have been marriage to a U.S. citizen. For example, the applicant could have obtained LPR status in a preference category and still be eligible for the shortened statutory continuous residence/physical presence period so long as he or she meets the requirements for being married to a U.S. citizen.

 

8 C.F.R. 319.1(b) explains the term “marital union.” First, the burden is on the applicant for naturalization under section 319(a) to demonstrate that he or she has lived in continuous marital union with the U.S. citizen spouse during the statutory period. Marital union ceases upon the death of the U.S. citizen spouse, divorce, or expatriation of the U.S. citizen spouse. If the applicant is divorced from the U.S. citizen spouse, he or she may not resume the period of marital union through remarriage to another U.S. citizen. The continuity of marital union is broken by legal separation. In the case of an informal separation, a determination of whether the continuity of marital union was broken will be made on a case-by-case basis. Involuntary separation will not break the continuity of marital union (e.g., separation attributable to military service, business demands, or other occupational demands).

[David_n400 3]

Thanks!

 

Do you know where can I get a sample of the filled N400 form?

Edited July 6, 2020 by David_n400

[xyz12345 260]

Just go to the uscis website and download a pdf copy of the N-400. good luck!

[xyz12345 260]

@David_n400

 

Just an fyi just in case you haven't seen this.

 

[David_n400 3]

XYZ12345, I really appreciate your help  

 

I will ask in that group as I am sure there will be a few people like me who are in the same scenario.

[xyz12345 260]

Yes, a lot more people there who can help you. Good luck!