Can I apply for citizenship now that i am separated for my usc husband.

Asked over 3 years ago - San Francisco, CA

We are still married but not living together.Will the immigration find out that we are not living together?We only have 2years of joint income tax and this year his we did not filed together.All my documents are ready to file for my naturalization except for this latest tax.Do they need to look for it on time of my interview?Thanks

Attorney answers (2)

  1. Seeta Lakshmi Nangia

    Contributor Level 14

    Answered . This depends on how long you have been a lawful permanent resident. If you have been a lawful permanent resident for 5 years, then you are eligible to apply for citizenship. You are only eligible to apply for citizenship after three years of lawful permanent residence, if you have been married and living together with your U.S. citizen spouse during those three years. The San Francisco USCIS office will probably be interested in your marital history and might look at the bona fides of your marriage-especially if you are no longer living with your husband. The San Francisco USCIS office often contacts former spouses to question them about the marriage. You should speak to legal counsel to determine your eligibility. Please feel free to contact me for a consultation.
    Seeta L. Nangia, Esq.
    Law Offices of Seeta Nangia
    Exclusively Practicing Immigration Law
    Phone: (415) 273-9123
    Offices located in San Francisco and Berkeley

  2. Neil Ian Fleischer

    Contributor Level 20

    Answered . WE need more facts on your case, but I you are applying for citizenship based on your marriage ( waiting 3 years after your received your green card) then you must be living in a bona fide marital union. If you have waited 5 years after receiving your green card, you do not have to be living with your spouse HOWEVER, some local offices will look into whether or not you had a bone fide marriage to begin with. This is the USCIS attempt to see if you have been lawfully admitted as a permanent resident.

    I world consult a lawyer, as you do not want your residence revoked.

    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

    Best regards, Neil

    Neil I Fleischer

    The Fleischer Law Firm, LLC

    917 Main Street

    Cincinnati, Ohio 45202-1314

    Direct telephone: 513 977 4209

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