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Can citizenship be filed for if we are separated?

Colorado Springs, CO |

I am a US citizen my husband is Jamaican. We have been married since Feb 2010 we separated 6 months before our 3 year anniversary. He now lives in FL I live in CO we are still legally married but have NOT been living in marital union. He is not on any of my bank accounts anymore I am not on his lease etc.. He still wants to file for citizen ship as he will have been a permanent resident for 3 years in June. I believe he will be in violation and he says we are fine. I have not filed for divorce yet but want to soon. If he files will either of us be violating any laws and if rejected would he be at risk of not being able to file for citizenship after 5 years?

Attorney Answers 3


  1. If you are separated, he should apply under the 5 year rule.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. in order to get the benefit and apply for citizenship after 3 years, the resident spouse must be still married and residing together in a bona fide marital union with the citizen spouse. His application will be denied and he will lose his filing fee. He will be able to apply after 5 years if he qualifies in all other respects.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Since you are separated, he has to wait 5 years.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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