D. Marital Union and Residing In Marital Union
1. Living and married in Marital Union
Generally speaking, all naturalization candidates filing based on wedding to a U.S. resident must are the partner of a U.S. citizen through the period of filing the naturalization application through to the applicant takes the Oath of Allegiance. In addition, some naturalization that is spousal need that the applicant “live in marital union” with his / her resident partner for at the very least three years instantly preceding the date of filing the naturalization application. 19 USCIS considers a job candidate to “live in marital union” with his / her resident spouse if the applicant while the citizen actually live together.
A job candidate will not meet the hitched and “living in marital union” needs if:
The applicant isn’t living together with or her U.S. citizen partner in the right time of filing or at that time in that the applicant is needed to be residing in marital union with all the U.S. resident partner; or
The relationship that is marital ended at any moment just before using the Oath of Allegiance.
The officer should consider whether the applicant met the living in marital union requirement at the time of filing if the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance.
You can find restricted circumstances where a job candidate might be able to establish that he / she is located in marital union along with his or her resident partner although the applicant will not really live because of the resident spouse. 20