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.
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Best regards, Neil
Neil I Fleischer
The Fleischer Law Firm, LLC
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Cincinnati, Ohio 45202-1314
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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