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N-400 taking almost 2 years; Spouse lives overseas Applicant lives in US

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  • N-400 taking almost 2 years; Spouse lives overseas Applicant lives in US

    I'm a US citizen and married my wife in February 2011. By August 2014 she met all the requirements to file the N-400 and so she did, however I had moved abroad due to work in March 2014 and I have been there since then, as there's nothing I can do about where my career takes me. She had an interview scheduled in February of 2015 but it was canceled due to "unforeseen circumstances." Since then we have inquired multiple times and even got a Senator involved in the case and the USCIS will tell us nothing more than her case is still "pending" in the background check/interview stage. It's been 1 year 11 months since filing.

    I have specifically asked the USCIS if my job and residence overseas is affecting the case at all and they downright ignore my requests. We just want answers at this point because we are sick of waiting and sick of being in the dark.

  • #2
    It's probably not this simple of answer to why your wife has waited so long...but I think your being separated from her by your work is the issue. A "3-year rule," Naturalization application, based on continued cohabitation and commingling of financial affairs leaves a reviewer unable to prove that you are meeting the cohabitation requirement.

    I've seen a situation in which the N-400 applicant had been in GC status for more than 5 years, but checked the "3-year married" box and was subsequently denied because she lacked proof of sharing financial affairs for last 3 years with her husband. If she had checked the "5-year" box, she would have been considered on the merits of her simply having GC status for 5 years.

    --Ray B

    Originally posted by Tokyoite View Post
    I'm a US citizen and married my wife in February 2011. By August 2014 she met all the requirements to file the N-400 and so she did, however I had moved abroad due to work in March 2014 and I have been there since then, as there's nothing I can do about where my career takes me. She had an interview scheduled in February of 2015 but it was canceled due to "unforeseen circumstances." Since then we have inquired multiple times and even got a Senator involved in the case and the USCIS will tell us nothing more than her case is still "pending" in the background check/interview stage. It's been 1 year 11 months since filing.

    I have specifically asked the USCIS if my job and residence overseas is affecting the case at all and they downright ignore my requests. We just want answers at this point because we are sick of waiting and sick of being in the dark.

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    • #3
      Is this 3-year period before the application was filed or does it continue throughout the whole process? I was under the impression that it was the former, and we had been living together with combined finances for three years and one month prior to me moving abroad.

      I'm wondering what to do at this point because moving back to the US is not an option for another 1-2 years...perhaps longer depending on economic conditions.

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