I applied for my naturalization at the beginning of October based on my marriage, my husband helped me with the filling and everything. At the end of October he abandoned me because I discovered he was cheating on me. We were even trying to have a baby, I was so pissed off. I lived with him 3 years and 5 months. We are still married. Since November I am living with my sister. My interview is next week and I am prepared to answer that we are not current living together, the truth. I have evidence of the past 3 years (taxes, bank statements, bills, marriage certificate, his birth certificate, etc), we had a genuine relationship and I still love him, but apparently he doesn't.
You can apply for citizenship after being married to US citizen or three years. However you must be residing together and still married at the time of application.
If you are not together you will be required to wait for five years before you can apply for citizenship.
If your green card is still conditional you may want to contact an experienced immigration attorney or assistance right away for assistance.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info
You will have to wait to apply until you meet the requirements under the five 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.
so to hear that. Unfortunately you will now need to qualify under your own status, i.e. 5 years, no longer the 3 since you are no longer living together as husband and wife in a viable marriage. At them time of the interview you can also ask the officer to withdraw your N-400 application in light of the most recent unfortunate developments in your marriage instead of having a denial on your record. Regards.
When applying for expedited naturalization as the spouse of a U.S. citizen, the law requires that you be legally married and living in "marital union." USCIS interprets this provision as requiring you to actually be residing together , not just married on paper. Based upon your facts your application should be denied and you will have to wait until you accrue 5 years of residence before you can reapply for naturalization.
You may wish to consider withdrawing your application to avoid a formal withdrawal. Consult with an experienced immigration attorney for case specific advice.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.