QUESTION
Am I still eligible for US citizenship even if I am separated?
Asked on Feb 16th, 2011 on Immigration - Tennessee
More details to this question:
When I applied for the citizenship we were living together. I have my appointment next month to take the test. I am still legally married but I am not living with husband anymore. So total we are married 3.8years and I have my permanent resident card 3.3 years. What can I do?
3 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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If you are no longer with your husband, you are not eligible to natz at this time. If you pretend to be with him still, that is fraud/misrepresentation. If you are not together, you should withdraw your application right now and refile after you meet the longer term of 4 years and 9 months. Being married legally but not really together does not qualify you for this benefit! Further, DHS will review your entire file and will normally request documentation proving you are still together. Regardless you are not qualified at this time and I strongly urge you to withdraw your application!
Answered on Feb 18th, 2011 at 10:24 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
I assume the reason you are not living together is not based on abuse, or because one of your had to temporarily move due to work or professional reasons? If those are not the reasons, then if you filed for Naturalization based on marriage to a US Citizen for three years, you must be married AND living in marital union to qualify. Since you are not living with your husband you are not qualified for naturalization at this time.
Answered on Feb 18th, 2011 at 10:24 AM
William C. Gosnell
Take the test and good luck.
Answered on Feb 17th, 2011 at 5:21 PM