Can I apply for US citizenship if I'm married to a US Citizen but separated? 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 don't 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 another state? Can my 3 children aged 24, 21, and 16 apply citizenship ahead?
Yes you can apply for US citizenship on your own if you have been a permanent resident for 5 years. Your children will automatically get their citizenship once you naturalize.
An adult age 21 or older who has been a Permanent Resident (has had a "Green Card") for more than 5 years generally may be eligible to apply to become a naturalized citizen, regardless of whether she may have become separated from her U.S. citizen husband through which she applied to become a Permanent Resident. It then would not be necessary to supply records of a joint bank account or jointly filed taxes (but it may be necessary to show documentation that you and your husband were living in a bona fide marriage before you became separated). It would be wise for you to consult with an immigration attorney to examine all of the relevant details and advise you about eligibility and to represent you in the application process. That attorney also could address whether your children, who became Permanent Residents before they reached age 18, might qualify to automatically become U.S. citizens without having to go through the naturalization application process (although they would need to file an application for a Certificate of Citizenship if they were eligible and they wanted documentary evidence of their citizenship). Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
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