QUESTION
Can I apply for US citizenship even if I’m still legally married but separated to a Filipino?
Asked on Mar 31st, 2015 on Immigration - Texas
More details to this question:
I would like to apply for a US citizenship. I'm legally married to a Filipino but we are separated. I don't know where he's at. I have been a permanent resident since 1996. On the application I have to answer the the marital status but not sure which one to pick/choose.
3 ANSWERS
A foreign national who has been a Permanent Resident for nearly 20 years may petition to become a naturalized citizen notwithstanding that she is separated from her spouse and does not even know where he resides. If the foreign national has not gone through a divorce proceeding and if her spouse has not died, then she remains married, and that information should be stated on a naturalization petition; if the spouse's current residence is unknown to the applicant, it is satisfactory to specify that on the petition too. 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.
Answered on Apr 06th, 2015 at 5:58 PM
Yes, you can naturalize even if you are separated since you are not naturalizing on the basis of marriage if you have been a permanent resident for almost 20 years.
Answered on Apr 06th, 2015 at 10:18 AM
Bruce A. Coane
Under Texas law, if you are separated, you are still married. If you have lived here with a green card since 1996 and are otherwise eligible, you can certainly apply.
Answered on Apr 01st, 2015 at 3:14 PM