3-year-rule; Living Apart?

[kaa0003 0]

Hello! My husband is a green card holder through marriage (we married October 2019 with K-1 and he received his green card September 2023). We are wanting to apply for citizenship for him (I am a US citizen), but have a weird living situation that I am afraid might be a problem. He got a job in Utah this March and moved there while I finished my degree in West Virginia. I was planning to move there with him when I finish in August, but in between was awarded a Fulbright scholarship. Now I am going to be completing my scholarship in Chile for 9 months while he continues working in the US. Are we now ineligible to apply for his citizenship until I return? Thank you!

[JeanneAdil 6,561]

correct the dates as it isn't September 2023 yet so could not have recd green card 2 months from now

then the VJ community with proper dates can answer 

[kaa0003 0]

Sorry let me clarify-- could we apply for his citizenship in September 2023, or do we have to wait until I return in June 2024? Thank you!

[Mike E 11,741]

30 minutes ago, kaa0003 said:

Hello! My husband is a green card holder through marriage (we married October 2019 with K-1 and he received his green card September 2023). 

Per your own words he has not received a green card because from where I am posting it is July 2023.

 

So perhaps reply to this comment with a correct “resident since” date.

[kaa0003 0]

delete

Edited July 16, 2023 by kaa0003

[kaa0003 0]

36 minutes ago, kaa0003 said:

Hello! My husband is a green card holder through marriage (we married October 2019 with K-1 and he received his green card September 2023). We are wanting to apply for citizenship for him (I am a US citizen), but have a weird living situation that I am afraid might be a problem. He got a job in Utah this March and moved there while I finished my degree in West Virginia. I was planning to move there with him when I finish in August, but in between was awarded a Fulbright scholarship. Now I am going to be completing my scholarship in Chile for 9 months while he continues working in the US. Are we now ineligible to apply for his citizenship until I return? Thank you!

 

4 minutes ago, Mike E said:

Per your own words he has not received a green card because from where I am posting it is July 2023.

 

So perhaps reply to this comment with a correct “resident since” date.

haha, wow I totally messed up the dates... He received his green card September 2020, we want to apply for citizenship September 2023.  

[kaa0003 0]

42 minutes ago, kaa0003 said:

Hello! My husband is a green card holder through marriage (we married October 2019 with K-1 and he received his green card September 2023). We are wanting to apply for citizenship for him (I am a US citizen), but have a weird living situation that I am afraid might be a problem. He got a job in Utah this March and moved there while I finished my degree in West Virginia. I was planning to move there with him when I finish in August, but in between was awarded a Fulbright scholarship. Now I am going to be completing my scholarship in Chile for 9 months while he continues working in the US. Are we now ineligible to apply for his citizenship until I return? Thank you!

To late to edit, OP, but he received his green card September 2020 (not 2023). We want to apply for citizenship September 2023.

[Mike E 11,741]

8 minutes ago, kaa0003 said:

haha, wow I totally messed up the dates... He received his green card September 2020, we want to apply for citizenship September 2023.  

Why would you wait until Sep 2023?
 

To review:

 

43 minutes ago, kaa0003 said:

He got a job in Utah this March and moved there while I finished my degree in West Virginia.

Arguably at this point continuous 3 year marital union was broken. 

43 minutes ago, kaa0003 said:

 

I was planning to move there with him when I finish in August, but in between was awarded a Fulbright scholarship. Now I am going to be completing my scholarship in Chile for 9 months while he continues working in the US

So you will move to Utah in April 2024. The 3 year clock for martial union would complete in April 2027.

 

Meanwhile his 5 year filing window will open June 2025.

 

If money is no object, he should file N-400 today (since we are inside 90 days from his 3 year LPR anniversary) and let the ISO decide if 3 year marital union was broken.

[kaa0003 0]

3 minutes ago, Mike E said:

Why would you wait until Sep 2023?
 

To review:

 

Arguably at this point continuous 3 year marital union was broken. 

So you will move to Utah in April 2024. The 3 year clock for martial union would complete in April 2027.

 

Meanwhile his 5 year filing window will open June 2025.

 

If money is no object, he should file N-400 today (since we are inside 90 days from his 3 year LPR anniversary) and let the ISO decide if 3 year marital union was broken.

Yes that's what I am asking, if either of these moves affects the living together rule. Money is an object, so we don't want to file if it will be denied. 

[Mike E 11,741]

4 minutes ago, kaa0003 said:

 Money is an object, so we don't want to file if it will be denied. 

File N-400 in June 2025 under the 5 year rule.

 

Today (and I do mean today) he should download all his IRS Tax Return Transcripts from irs.gov. This way, when he is ready to file in 23 months, he will have all 5 years of tax return transcripts: 2020, 2021, 2022, 2023, 2024

 

 

 

 

[Redro 4,611]

4 hours ago, kaa0003 said:

To late to edit, OP, but he received his green card September 2020 (not 2023). We want to apply for citizenship September 2023.

Did you apply to have conditions removed last year…does he have his 10 yr green card yet? Did he update his address with USCIS when he moved? 

[Dashinka 24,598]

15 hours ago, Redro said:

Did you apply to have conditions removed last year…does he have his 10 yr green card yet? Did he update his address with USCIS when he moved? 

That is a great point, with a marriage in October 2019 and a GC in September 2020, it definitely was not a 10yr, but rather one of the 6yr GCs.  I would think ROC would tackle some of the marital living arrangement issues.

 

That being said, as to N400, I agree with Mike E, wait for the 5 year rule.

[kaa0003 0]

On 7/16/2023 at 4:38 PM, Redro said:

Did you apply to have conditions removed last year…does he have his 10 yr green card yet? Did he update his address with USCIS when he moved? 

We applied to have the conditions removed last year on time, but are still waiting for the approval. He never changed his address, so on paper, we are still living together, joint bank accounts, shared mortgage, etc... just that he is working in Utah now. 

 

I have been trying to read an understand the "involuntary separation" exception, which includes relocation for employment, but it seems like a really gray area that is up to the officer to decide if they think its okay. Have you heard of this or have any thoughts? How would one go about providing evidence for this?

[Redro 4,611]

5 minutes ago, kaa0003 said:

We applied to have the conditions removed last year on time, but are still waiting for the approval. He never changed his address, so on paper, we are still living together, joint bank accounts, shared mortgage, etc... just that he is working in Utah now. 

 

I have been trying to read an understand the "involuntary separation" exception, which includes relocation for employment, but it seems like a really gray area that is up to the officer to decide if they think its okay. Have you heard of this or have any thoughts? How would one go about providing evidence for this?

How often do you see each other? 
Has he updated his drivers license?

He should really update USCIS about the change of address. Especially if the plan is for you to move to Utah after your stint in Chile.  
You have to show you’re still in a relationship and if you have good evidence they should approve the ROC no issues.

When he completes his N400 he has to list his addresses for the last 5 years…

At both interviews they could ask him where he lives and who does he live with… if his current job is in Utah and he states he lives in West Virginia can you see how an IO might be confused and think he is trying to lie? 

[Mike E 11,741]

59 minutes ago, kaa0003 said:

. He never changed his address, so on paper, we are still living together, joint bank accounts, shared mortgage, etc... just that he is working in Utah now. 

If I-751 is approved without an interview, he will be exposed to a finding of material misrepresentation. He needs to file AR-11, online, today, to update his physical address.

 

When you move abroad, you will need to file I-865.

 

Did he download his tax return transcripts?