N400 (3yr route) and Maritial Union Question

[shefuk1 7]

Hi all,

 

I have a question about the N400 (3yr route) requirement for marital union requirements + applying 90 days prior to the 3 year mark.

 

I've seen some threads about this that make it slightly confusing.

 

My US citizen spouse lived with me in my country for a year before I became a LPR and we have lived together ever since. The only break we had was 6 weeks before I travelled to the US to become an LPR, they returned to the US to get re-established in the US and attend one of their sibling's wedding. I was still on my work notice period at that time in my own country.

 

Would this 6 week gap cause an issue if I were to apply 90 days prior to the 3 year mark, as for that 6 weeks, we were in 2 different countries? Specifically, related to the marital union requirement?

 

In short, the timeline prior to submitting the application would be

 

• 90 days before 36 month mark - intend to apply for citizenship, if possible
• 33 months ago - I travelled to the US and became an LPR
• 34.5 months ago- My US Spouse returned to the US to get reestablished and attend a sibling's wedding
• 46 months ago - My US citizen spouse moved to live with me in my country with a visa for my country.

 

Thanks all!

[OldUser 10,603]

I'd interpret rules strictly and apply for citizenship after 3 year anniversary of living together in the US. This typically means no 90 day early filing.

 

Example of denied case

 

 

Edited September 26 by OldUser

[JeanneAdil 7,271]

your  visa CR1 and became LPR when entering US 

OR

K1 and had to do AOS after marriage to become LPR

 

creating a timeline on your profile would help

[OldUser 10,603]

3 minutes ago, JeanneAdil said:

your  visa CR1 and became LPR when entering US 

OR

K1 and had to do AOS after marriage to become LPR

 

creating a timeline on your profile would help

From what OP posted, spousal visa was the route.

[JeanneAdil 7,271]

1 minute ago, OldUser said:

From what OP posted, spousal visa was the route.

i don't assume when they don't say

 

[OldUser 10,603]

5 minutes ago, JeanneAdil said:

i don't assume when they don't say

 

Fair enough. Let's see what OP says. I just don't see how one can enter and become LPR, unless they were on immigrant visa. AOS takes time.

Edited September 26 by OldUser

[ineedadisplayname 530]

In your case since you married your spouse before becoming LPR on entry (assume u did CR and not K) your martial status is longer than your LPR status so you meet the 3 years of being married to the same person sooner than the other requirement that is being an LPR for 3 years minus the 90 days. You need to meet BOTH (and other requirements) You need to check the date on your Green Card and count the 90 days from that date. You can use https://www.uscis.gov/archive/uscis-early-filing-calculator to calculate the early filing date. Make sure your submission online or in mail won't be before that 90 days. You could give a couple of days extra to be sure. If you really want to be super safe count the marital union from day day of your entry and don't file 90 days early.

 

 

Edited September 27 by ineedadisplayname

[OldUser 10,603]

12 minutes ago, ineedadisplayname said:

In your case since you married your spouse before becoming LPR on entry (assume u did CR and not K) your martial status is longer than your LPR status so you meet the 3 years of being married to the same person sooner than the other requirement that is being an LPR for 3 years minus the 90 days.

However, OP had 6 weeks of not living together. Based on officer, this may be intepreted as break in marital union, thus not meeting conditions for naturalizing under 3 year rule. See the case attached above where somebody was denied.

Edited September 27 by OldUser

[JD2 185]

20 hours ago, shefuk1 said:

Hi all,

 

I have a question about the N400 (3yr route) requirement for marital union requirements + applying 90 days prior to the 3 year mark.

 

I've seen some threads about this that make it slightly confusing.

 

My US citizen spouse lived with me in my country for a year before I became a LPR and we have lived together ever since. The only break we had was 6 weeks before I travelled to the US to become an LPR, they returned to the US to get re-established in the US and attend one of their sibling's wedding. I was still on my work notice period at that time in my own country.

 

Would this 6 week gap cause an issue if I were to apply 90 days prior to the 3 year mark, as for that 6 weeks, we were in 2 different countries? Specifically, related to the marital union requirement?

 

In short, the timeline prior to submitting the application would be

 

• 90 days before 36 month mark - intend to apply for citizenship, if possible
• 33 months ago - I travelled to the US and became an LPR
• 34.5 months ago- My US Spouse returned to the US to get reestablished and attend a sibling's wedding
• 46 months ago - My US citizen spouse moved to live with me in my country with a visa for my country.

 

Thanks all!

I'm eager for my spouse to apply too.  But we are going to wait.  We have no time lived together before arriving on CR-1 so you're in a better position than us.  But, is 90 days worth a potential denial?

[ineedadisplayname 530]

4 minutes ago, OldUser said:

However, OP had 6 weeks of not living together. Based on officer, this may be intepreted as break in marital union, thus not meeting conditions for naturalizing under 3 year rule 

wow that is crazy.  sometimes i travel for work or even a trip alone when my spouse is not interested in the destination or when my time off didn't line up with a trip my spouse wanted to take. I am sure we have been apart more than 6 weeks since married

 

Anyway, that is why suggested to count the marital union from the time of entry to the US and ignore the rest and don't file early so they meet the 3 years for sure.

Edited September 27 by ineedadisplayname

[JD2 185]

2 hours ago, ineedadisplayname said:

sometimes i travel for work or even a trip alone

I don't think short trips like that would break marital union.  Your residence is still your home address.

Edited September 27 by JD2

[OldUser 10,603]

14 minutes ago, JD2 said:

I don't think short trips like that would break marital union.  Your residence is still your home address.

Somebody in attached thread got dinged for 2 months. OP was apart for 6 weeks, 1.5 months. I personally would be safe than sorry. If OP files after 3 years anniversary of being LPR, it appears they won't have this possible issue at all. It's all about waiting a bit longer.

Edited September 27 by OldUser

[JD2 185]

1 minute ago, OldUser said:

OP was apart for 6 weeks

I was referring to the other person but also in the OPs case, the petitioner moved.  So they were apart and had different addresses.

[OldUser 10,603]

1 minute ago, JD2 said:

I was referring to the other person but also in the OPs case, the petitioner moved.  So they were apart and had different addresses.

I see