Student out of state for few years, living separated.

[juancarlos 123]

Hello,

 

Married to a US spouse, but now I am temporarily living outside my permanent address because I am doing 3 years of medical school in another state to be able to practice in the US. 

 

I live in another state, and by myself, my spouse stays in our apartment, located at the address we have always lived at since I came to the US (and shown in my DL). We visit a lot each other, either she comes or I go, but technically talking we aren't living together. it is a sacrifice we are doing for me to grow here, but we have a solid marriage, financially and in all areas, so that would be easy to prove.

 

I do not have a DL from the state I am studying at, only a lease of the apartment I rent. 

 

The question is: when I apply for naturalization, would this be a problem? The fact that we are not in the same house for a while? Even though we keep the same permanent address? Should I mention this in the form or to the officer? If I apply for naturalization, I am planning to apply in the state we have our apartment, not here where I temporarily live. My home is there.

 

What do you think? Should I be concerned or delay my naturalization? I honestly would like to do it as soon as I can apply (I cannot do it yet, but I will be able to apply during my program and be a citizen at the time of my graduation).

 

Thank you

[Rocio0010 5,573]

If you apply under the three year rule, you have to be living in marital union. You're going to have to wait five years in order to avoid this issue.

[juancarlos 123]

7 minutes ago, Rocio0010 said:

If you apply under the three year rule, you have to be living in marital union. You're going to have to wait five years in order to avoid this issue.

Really? I found this in USCIS website. But I don't know if graduate school would qualify for such statement:

 

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.

[Rocio0010 5,573]

8 minutes ago, juancarlos said:

Really? I found this in USCIS website. But I don't know if graduate school would qualify for such statement:

 

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.

From the same text:

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse;

You're not living together. What prevents your spouse to be living with you?

I guess you can try and make a case that it is involuntary if you have the extra money to spend and if you can back it up with  real reasons. What's the rush in filing for citizenship?

[OldUser 5,166]

13 minutes ago, juancarlos said:

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.

This is very hard to pull off and prove. One thing if you were a medical professional already working, demanded by your employer to go to another city for a month to help with COVID-19 outbreak in March 2020, the other one you decided to study at university in different city. You're not a soldier deployed overseas or diplomat asked to go for an assignment somewhere.

Edited December 7, 2022 by OldUser

[juancarlos 123]

Just now, Rocio0010 said:

From the same text:

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse;

You're not living together. What prevents your spouse to be living with you?

I guess you can try and make a case that it is involuntary if you have the extra money to spend and if you can back it up with  real reasons. What's the rush in filing for citizenship?

My spouse didn't move with me because of her job basically, especially when she is the only income now. Worth to mention that she is in the military (but part-time only, not on active duty).

 

The rush is because for my field, being a citizen would allow me to have access to better jobs or things I want to do.

[juancarlos 123]

2 minutes ago, OldUser said:

This is very hard to pull off and prove. One thing if you were a medical professional already working, demanded by your employer to go to another city for a month to help with COVID-19 outbreak in March 2020, the other one you decided to study at university in different city. You're not a soldier deployed overseas or diplomat asked to go for an assignment somewhere.

Yeah, this makes sense.

[OldUser 5,166]

3 minutes ago, juancarlos said:

The rush is because for my field, being a citizen would allow me to have access to better jobs or things I want to do.

Most of the jobs, including medical profession, do not require you to be a citizen. LPR status is more than enough for vast majority of good highly paid jobs.

[OldUser 5,166]

49 minutes ago, juancarlos said:

I do not have a DL from the state I am studying at, only a lease of the apartment I rent. 

 

50 minutes ago, juancarlos said:

I live in another state, and by myself, my spouse stays in our apartment, located at the address we have always lived at since I came to the US (and shown in my DL).

Most states require you to change your driver's license once you move there. California, for example, gives 10 days after moving from other state to do that. You might be breaking the law by not doing it.

[juancarlos 123]

2 minutes ago, OldUser said:

 

Most states require you to change your driver's license once you move there. California, for example, gives 10 days after moving from other state to do that. You might be breaking the law by not doing it.

But I am not moving permanently, I am a student, not sure if that is considered an exception. I do not use a car here that's why I didn't bother to switch my DL, but I will take a look into that.

[OldUser 5,166]

In a summary, @juancarlos, I agree with @Rocio0010 that you should apply after 5 years of LPR and not under 3 years. If you also have I-751 pending or to be filed, then I vote for waiting 5 years to apply for N-40 with my both hands.

Just now, juancarlos said:

But I am not moving permanently, I am a student, not sure if that is considered an exception. I do not use a car here that's why I didn't bother to switch my DL, but I will take a look into that.

How long are you there for?

[juancarlos 123]

Just now, OldUser said:

In a summary, @juancarlos, I agree with @Rocio0010 that you should apply after 5 years of LPR and not under 3 years. If you also have I-751 pending or to be filed, then I vote for waiting 5 years to apply for N-40 with my both hands.

How long are you there for?

3 years. It is graduate school.

[OldUser 5,166]

7 minutes ago, juancarlos said:

3 years. It is graduate school.

Ok, you may need to check with DMV of the state you're studying in to see if you can keep your DL from another state while you're there for studies. With you not driving may not be as critical, I guess.

[Mobius1 175]

As others advised, don't apply under 3 years rule. You will most definitely be denied n400 but also will face heavy questioning about the merits of your marriage, since you guys live apart.

 

Play it safe and apply under 5 year rule.

 

Has your I751 already been processed? If not, you would need to worry about that first. 

 

Also, get your ID/ DL changed. Some IOs really get pissed off if you haven't changed it when you should have.

[juancarlos 123]

3 minutes ago, Mobius1 said:

As others advised, don't apply under 3 years rule. You will most definitely be denied n400 but also will face heavy questioning about the merits of your marriage, since you guys live apart.

 

Play it safe and apply under 5 year rule.

 

Has your I751 already been processed? If not, you would need to worry about that first. 

 

Also, get your ID/ DL changed. Some IOs really get pissed off if you haven't changed it when you should have.

Not yet, but I have to apply for I-751 in 2 months. So by this same logic, I will lose my green card too because I had to move out of state to attend the only University that allows me to get my license?

 

That is madness,

Edited December 7, 2022 by juancarlos