Should I file N-400 while live apart with my spouse but we are still legal marriage?

Asked almost 4 years ago - Houston, TX

I'm about to file N-400 on marriage basis. Currently, my spouse is in New York to persuade her fashion designer degree. Due to economic crisis, I had tried to find a job in New York but failed, so I keep my current job in Houston. We live apart but our marriage is good and I have visited her twice since the time she moved there (beginning of February this year). Back in June, we stepped into broke-up and filed a divorce but then we made up our mind and were not at the court for official divorce. Base on those information, should I file 3-years basis for naturalization or should I do it on 5-years basis? If I want to file 3-years basis, what should I prepare before going to the interview? And if unfortunately, I fail, will I lose my resident status.

Please advice. Thank you so much.

Additional information

I do have:
- tax return files for last 4 years.
- shared apartment which has been rent under my name only.
- shared the same bank account, plus vehicle insurance

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . You cannot qualify for naturalization under the 3-year rule unless you are living together with your wife.

    Please see

  2. Shiva Pal Gill

    Contributor Level 14

    Answered . You can only get naturalization based upon 3-year resident status if you are still married. In Houston, TX if you are filing for citizenship based upon marriage, the spouse has to come for the interview. Here you have actually filed for divorce therefore you do not meet the 3-year criteria. You must wait 5 years .

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