QUESTION

Can I apply for US citizenship if I'm married to a US Citizen but seperated?

Asked on Aug 04th, 2012 on Divorce - Florida
More details to this question:
I am planning to apply for US Citizenship. My permanent green card was through marriage to a US citizen along with my 3 children on my first marriage. We got married in 2004 and I got my permanent green card in August 2007, same with my 3 kids. Can I apply for US citizenship on my own? One of the required documents is joint bank acct., tax but I dont have any of those can I still apply? What do I need to do? My husband and I got separated but not divorced in 2009 he is living in Iowa and I am living in CA? Can my 3 children aged 24, 21 and 16 apply citizenship ahead?
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7 ANSWERS

Yes. You are able to apply on your own if you have been a permanent resident for at least 5 years and have satisfied the other requirements for naturalization.
Answered on Aug 30th, 2012 at 11:45 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If you have permanent residence for 5 years, you can apply, even if divorced. Your kids can too. Your 16 year old will get it if you get it.
Answered on Aug 20th, 2012 at 1:59 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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If you meet the requirement of 5 years residency, then whether your married or not will not matter. *Naturalization Application* The Naturalization Application must be filed. If done properly, it will take a few months to receive the fingerprinting notice, and then several more months to receive the naturalization interview to obtain U.S. Citizenship. Shortly thereafter, if approved, you will have the swearing in ceremony to become a U.S. Citizen. Please note that many people find themselves getting the application denied or being placed into deportation/removal proceedings because of past conduct.
Answered on Aug 20th, 2012 at 1:59 PM

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If you are applying on the basis of being a resident for at least 5 years, it is not necessary to show any evidence of relationship.
Answered on Aug 20th, 2012 at 1:59 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Yes. You can apply on your own. And you shouldn't need any documentation for the interview. Your 16 year old child will automatically become a US citizen after you naturalizate. The other children need to apply on their own.
Answered on Aug 20th, 2012 at 1:59 PM

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Great question, unfortunately you would have to ask an Immigration Attorney because it involves US citizenship.
Answered on Aug 20th, 2012 at 1:58 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If you have unconditional green card and after 5 years of your LPR status, you can file N-400 yourself. No need to show joint documents or living with your husband together. Your children, if older than 18, must file their own application. Child under 18 will become US citizen once you become US citizen.
Answered on Aug 20th, 2012 at 1:58 PM

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