rjk_usa27

Our marriage is bona-fide marriage. The only reason why she went to california for school is because she had no other choice. She has a bachelors degree in Pharmacy from India which is not valid in the U.S. There are only 2 pharmacy schools in the U.S that has a program for foreign pharmacists to convert their degree to PharmD. The rest of the PharmD programs are 4 years while this is year and half. She had no other choice. The only reason I haven't moved with her is because I haven't been able to find a decent job there. All our documents are clean.

USCIS document does say "essential business or occupational demands, such separation-- even when prolonged -- does not preclude naturalization under this section"

Based on this interpretation, I thinking it is ok for our situation. I am still confused as to where I should file.

I found the link to USCIS interpretations:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8cb30990ad4051e

It is the further position of the Service that, where a petitioner and spouse do not live apart by choice, or because of a legal separation or marital difficulties, but solely as a result of circumstances beyond their control, such as service in the armed forces of the United States or essential business or occupational demands, such separation -- ­even when prolonged­ -- does not preclude naturalization under this section.

It has been held, however, that the residence in marital union, or at least a substantial portion thereof, must be in the United States, with the citizen spouse. Thus, where the citizen spouse has never been in the United States, eligibility under the current statute is not established even though petitioner resided abroad in marital union with the spouse during a part of the three-year period.

The next to last paragraph seems to offer a lot of hope, but the first and last paragraphs tend to suggest there could be trouble. I don't know how an adjudicator would rule, but if you intend to push through and file for naturalization, I'd have a printout of that interpretation with you at the interview, with the next-to-last paragraph highlighted, along with an explanation of where it came from.

Florida will be much better.

Away from home because of school is considered as temporary, and she can still use Florida as primary residence.

Besides, since it is based on marriage, if she file at California, she has to prove that current marriage is bona-fide marriage, and USCIS will give hard time during the interview.

I think traveling back to Florida will save those troubles even though it may cost for air-fare.

Don't give the excuse to USCIS that they can spot something suspicious.

Eventually it will cause additional expense from financial viewpoint and extra time.

On the application I have to list all the employers and schools she attended so I can't lie about her not attending school in california but not living there.

How about if she files in California? How will they even know we are not living together? How will the USCIS prove that I am not living with her in California?

Hi, I am a naturalized U.S Citizen, happily married for close to 4 years with a beautiful child. My wife has been a green card holder for 3 years and wants to apply for her citizenship. 6 months ago she moved to California because she got into pharmacy school while I stayed in Florida because of work. I visit her once a month and she comes down to Florida during breaks. After she is done with school, she will move back to Florida.

All our records are under the Florida address. Tax returns, bank accounts, licenses, child’s birth certificate, etc..

Should she file her N400 under the Florida address or California address? If she files under Florida, she will have to make a trip to Florida for, I believe, biometrics, interview and oath ceremony. Correct? She prefers to file in California. Is this ok?