QUESTION
Can I apply for my US citizenship even if I haven't seen my wife since we got separated in 2009?
Asked on Feb 11th, 2012 on Immigration - Texas
More details to this question:
I been married since 2000 with US citizen and I became US permanent resident on 2006. On 2009 I and my wife split then I can't find her . Can I apply for my US citizenship even we haven't see each other since 2009? I been resident over 5 years. I
7 ANSWERS
Leon Wildes
Since you are a resident over 5 years, you can apply for naturalization even if you are no longer with your wife.
Answered on Feb 28th, 2012 at 4:58 PM
As long as you have been a permanent resident for 5 years and have satisfied other conditions for applying for naturalization, you do not need to be married. But you should definitely provide an explanation as to why you are not sure where your wife is. That could lead to questioning on whether the initial marriage was bona fide.
Answered on Feb 27th, 2012 at 7:14 PM
In general, if someone became a Lawful Permanent Resident (received a "Green Card") legitimately through marriage, but then separated from the spouse or even divorced, he may become eligible to petition for naturalization four years and nine months after having attained Lawful Permanent Resident status. Even though that person will not be taking advantage of the special provisions that allow most Permanent Residents who are married to U.S. citizens to petition for naturalization after only three years, the USCIS is permitted to examine whether there may be reason to believe the couple's marriage was not bona fide. Especially with a potential complication like that, it would be wise to seek help from an immigration attorney.
Answered on Feb 24th, 2012 at 7:32 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You can apply since you have been LPR for more than 5 years.
Answered on Feb 24th, 2012 at 7:31 AM
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Law Office of Darshak Shah
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You are eligible to apply for US Citizenship based on being a permanent resident for over 5 yrs. The only concern maybe the government may try to argue that your marriage was fraudulent and as long as it was not and you have evidence to establish that fact then you should be able to apply for US Citizenship, again assuming that you qualify in regards to physical presence, no criminal history, ability to pass the US civics/history test and ability to read and write English, and any other requirement.
Answered on Feb 24th, 2012 at 7:21 AM
You can apply for U.S. citizenship if you have been a permanent resident for 5 years but the separation can be an issue in determining whether you should have received your green card in the first place. You most likely will have to explain the circumstance of your separation.
Answered on Feb 24th, 2012 at 7:21 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, under the 5-year rule. The USCIS officer will likely ask you about your marriage and separation.
Answered on Feb 23rd, 2012 at 7:10 PM