Naturalization through Marriage When the Spouses DON'T Live Together?

[yut568]

A US permanent resident (PR) through marriage is eligible for citizenship after being PR for 3 yrs. But my US spouse and I don?t live in the US together because he studies overseas. Am I still eligible for citizenship after 3-year PR in the US? Thank you.

[abumiqdad]

Have you removed your condition? (RoC)

You still can but it will be difficult for you to give evidence that you and your spouse are still in the marriage.

[inadmissible]

From https://www.uscis.gov/policymanual/H...pter2.html#S-D

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:
?Service in the U.S. armed forces; or
?Required travel or relocation for employment.
USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation.

=which cites 8CFR319.1(b)(2)(ii)(C) which states

In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part