living in marital union n400 application

[Babu Frik 1,179]

Hi, I wanted to see if this was ok before applying.

When I first entered the country, it wasn't the state where my spouse lived. They were on a work trip, but we wanted to do entry to get the ball rolling.

I spent about 10 days with them in a residence hotel, then went back home for 2 months to wrap up some personal matters. I did bring belongings that would stay with my spouse as I did consider this starting to move to the US.

When I entered the second time it was to the state I would be residing in. I did take another trip home, but under 6 months, my main concern is, is it an issue that I wasn't in the state where our home is for the first few months.

[OldUser 9,908]

Depending on officer:

 

1) Living in separate states intially can be a problem

2) Your trip home for 2 months alone can be a problem

3) Another trip under 6 months if without husband can be a problem. 

 

Based on this pattern I would not apply until 3 year anniversary of you coming back from longer trip that lasted under 6 months.

[Rekyrts 150]

54 minutes ago, OldUser said:

Depending on officer:

 

1) Living in separate states intially can be a problem

2) Your trip home for 2 months alone can be a problem

3) Another trip under 6 months if without husband can be a problem. 

 

Based on this pattern I would not apply until 3 year anniversary of you coming back from longer trip that lasted under 6 months.

 

I tend to be on the cautious side of the fence with regards to USCIS; I agree.

[Babu Frik 1,179]

1 hour ago, OldUser said:

Depending on officer:

 

1) Living in separate states intially can be a problem

2) Your trip home for 2 months alone can be a problem

3) Another trip under 6 months if without husband can be a problem. 

 

Based on this pattern I would not apply until 3 year anniversary of you coming back from longer trip that lasted under 6 months.

Yeah it seems more clear now, I'd have to list my address back home for 2 additional months because I never actually arrived where I would establish residency.

 

without husband for the 2nd trip I was a little less worried about after seeing this on the USCIS website.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

[OldUser 9,908]

51 minutes ago, Babu Frik said:

Yeah it seems more clear now, I'd have to list my address back home for 2 additional months because I never actually arrived where I would establish residency.

 

without husband for the 2nd trip I was a little less worried about after seeing this on the USCIS website.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

You're quoting things related to maintaining continuous residence. What you forget is marital union requirement because you're applying on 3 year rule. Quite a few officers interpret that strictly and if you had a trip for few months without your spouse, they'd deny based on breaking marital union. 

[Babu Frik 1,179]

On 2/4/2025 at 10:16 AM, OldUser said:

Depending on officer:

 

1) Living in separate states intially can be a problem

2) Your trip home for 2 months alone can be a problem

3) Another trip under 6 months if without husband can be a problem. 

 

Based on this pattern I would not apply until 3 year anniversary of you coming back from longer trip that lasted under 6 months.

I just realized I screwed up and did 90 days before that date 🤦‍♂️

I'm assuming there's not much we can do but get denied at the interview and immediately file again?

[OldUser 9,908]

4 minutes ago, Babu Frik said:

I just realized I screwed up and did 90 days before that date 🤦‍♂️

I'm assuming there's not much we can do but get denied at the interview and immediately file again?

If you're very certain it will be denied as is, you can withdraw petition and not wait for denial. On the other hand, you can roll the dice. I cannot give 100% it will be denied.

Edited June 5 by OldUser

[Babu Frik 1,179]

8 minutes ago, OldUser said:

If you're very certain it will be denied as is, you can withdraw petition and not wait for denial. On the other hand, you can roll the dice. I cannot give 100% it will be denied.

entered in May 22 but didn't start living together until July 22

so June 2nd is within 90 days before 3 years

My only worry is, the wait time is so long for the interview and we'd be doing it twice.

Is a denial worse than a withdraw?

 

Do you know if there's a guide for withdrawl?

Edited June 5 by Babu Frik