I am married to a U.S. citizen since 2009. We lived together for 2 years in Cali until I had to move out of state (MA) to attend school. She hasn't been able to find a job to move with me so she visits whenever we can afford it and I come back every break.
1) Am I eligible to file N 400? The application said "...have been married to and living with the same U.S. citizen for the last three years..." Technically, I guess we haven't lived together for the whole 3 years but we have been together.
2) Where should I file and which one is my home address? I list my address in CA for all documents like bank account, school, tax etc. The instructions said "give the address where you now live" which means my MA address but since I am only going to school here it changes every year.
Because you don't live with your wife, you can't apply for naturalization after only 3 years of permanent residence status. You'll have to wait 5 year from the date the you became a permanent resident.
Your address is where you actually, in fact, live; not where you receive mail.
5 lawyers agree
I agree. Naturalization applications is at least two years away form you.
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8 lawyers agree
The fact that you are not living together would be an issue. Probably best to wait and apply under the five year rule.
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6 lawyers agree
If you want to file now, you can. You will need to prove that you are still married and that you are not living together because of short-term career goals. This happens a lot when both spouses are professionals and have difficulty finding jobs in the same locality. As long as you can show that the move is temporary, you will be fine. Will suggest you hire an attorney to help you collect the right evidence to submit.
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