Seperation and reconciliation prior to 1751 filing

[m3gaaaan 3]

Hi there roamer here, had to make a new account because I couldn't log in to my old one for some reason! So long story short in December of 2022 me and my husband physically separated for about almost two months, I went back to the UK and came back in January of 2023, I am coming up to the file date of my I751 and for the evidence of relationship I was wondering how to word about the separation because there is a clear gap between December and January, which includes our 1 year anniversary. Could I put in the evidence that we spent some time apart then reconciled? Just wondering if we even need to mention it, we have been back to the UK since then too to visit family. Also does that affect my ability to apply for N400 after 3 years as a permanent residence? I'm sure it doesn't since nothing was filed and it was essentially a small break between us. 

[OldUser 4,873]

For I-751: You do not need to expain anything. It was a temporary trip to visit family. As long as you load the application with evidence (joint finances, joint leases, joint tax return transcripts etc ) - you will be fine. You didn't terminate lease etc before going to the UK, right?

 

For N-400 under 3 year rule: You will provide all the trip dates etc. Officer may asked whether you travelled with your US spouse or not. Technically, you can be denied by a very picky officer. The likelihood of this is not too high.

 

You can always file under 5 year rule and it wouldn't be a problem at all.

 

P.S. I might have misunderstood your post. If you had some marital issues, I strongly advice NOT to file N-400 under 3 year rule. Wait for full 5 years and apply at that point. Of course, you have to go through I-751.

Edited March 18 by OldUser

[m3gaaaan 3]

16 minutes ago, OldUser said:

For I-751: You do not need to expain anything. It was a temporary trip to visit family. As long as you load the application with evidence (joint finances, joint leases, joint tax return transcripts etc ) - you will be fine. You didn't terminate lease etc before going to the UK, right?

 

For N-400 under 3 year rule: You will provide all the trip dates etc. Officer may asked whether you travelled with your US spouse or not. Technically, you can be denied by a very picky officer. The likelihood of this is not too high.

 

You can always file under 5 year rule and it wouldn't be a problem at all.

No terminations of anything, we just didn't spend our anniversary and the holidays together; for all accounts we were physically separated, I just don't want to leave that gap incase it causes more questions than answers like an RFE but since then no time apart. Thank you so much for the advice! 

[m3gaaaan 3]

On 3/18/2024 at 2:33 PM, OldUser said:

For I-751: You do not need to expain anything. It was a temporary trip to visit family. As long as you load the application with evidence (joint finances, joint leases, joint tax return transcripts etc ) - you will be fine. You didn't terminate lease etc before going to the UK, right?

 

For N-400 under 3 year rule: You will provide all the trip dates etc. Officer may asked whether you travelled with your US spouse or not. Technically, you can be denied by a very picky officer. The likelihood of this is not too high.

 

You can always file under 5 year rule and it wouldn't be a problem at all.

 

P.S. I might have misunderstood your post. If you had some marital issues, I strongly advice NOT to file N-400 under 3 year rule. Wait for full 5 years and apply at that point. Of course, you have to go through I-751.

Oooooh just saw this, so as far as N400 is concerned I should wait for the 5 years? Dammn that sucks. We didn't go through any paperwork; honestly it ended up me basically spending the holidays with family and coming back. But I suppose it's best to be safe rather than sorry! Thank you

[OldUser 4,873]

19 minutes ago, m3gaaaan said:

Oooooh just saw this, so as far as N400 is concerned I should wait for the 5 years? Dammn that sucks. We didn't go through any paperwork; honestly it ended up me basically spending the holidays with family and coming back. But I suppose it's best to be safe rather than sorry! Thank you

If you want to be bulletproof, naturalize under 5 year rule so marital union is never questioned. It's also taking about control from US citizen as you won't be relying on them going to your interview

 

A picky immigration officer may deny N-400 based on 3 year rule due to break of marital union as you spent few months apart.

Edited March 26 by OldUser

[m3gaaaan 3]

On 3/25/2024 at 5:59 PM, OldUser said:

If you want to be bulletproof, naturalize under 5 year rule so marital union is never questioned. It's also taking about control from US citizen as you won't be relying on them going to your interview

 

A picky immigration officer may deny N-400 based on 3 year rule due to break of marital union as you spent few months apart.

Perfect! Final question, as far as evidence goes; I have him under previous employers insurance as a beneficiary but not my current as I just joined a new job, can that be used as evidence or is it void? 

[OldUser 4,873]

41 minutes ago, m3gaaaan said:

Perfect! Final question, as far as evidence goes; I have him under previous employers insurance as a beneficiary but not my current as I just joined a new job, can that be used as evidence or is it void? 

I'd include this evidence. Not all evidence should be continuous. Why not include him on current job? That's a qualifying even as far as I know? Or it doesn't make financial sense?

Edited March 27 by OldUser

[m3gaaaan 3]

On 3/27/2024 at 5:53 PM, OldUser said:

I'd include this evidence. Not all evidence should be continuous. Why not include him on current job? That's a qualifying even as far as I know? Or it doesn't make financial sense?

Oh I would it's just I need to be with my company for 90 days! Only been there for the month almost.