Rochester, NY asked in Immigration Law for New York

Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this disqualify us for "marital union" status? Does this mean we can only count the time we lived together continuously?

Is there anyway around this? We have joint bank accounts. Months of text messages.

Per uscis "The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application. "

Link: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#footnote-4

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ
  • Licensed in New York

A: The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you speak to an attorney.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Your submission must contain bona fide profs of that marriage with documentation to support that premise.

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