QUESTION

Can I still apply N400 at my GC if I’m still married to the same American citizen but we don’t live together anymore?

Asked on Apr 06th, 2014 on Immigration - Texas
More details to this question:
I live in Texas.
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4 ANSWERS

Although eligible (assuming you meet all eligibility requirements), you are not obligated to become a citizen. But I do recommend you do so. If your spouse wishes to take that step and you're not ready, you don't have to. I do wonder about you and your spouse living separately. There may be a question as to marriage fraud, so you'd probably benefit from speaking with an attorney on this matter.
Answered on Apr 08th, 2014 at 8:50 PM

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If you are no longer in a bona fide marital relationship even though you may still be legally married, you have to be a permanent resident for 5 years prior to qualifying for naturalization.
Answered on Apr 08th, 2014 at 8:50 PM

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It depends on the circumstances of your case, but at a minimum you become eligible to apply for naturalization after you have been a lawful permanent resident for at least 5 years. Since you are no longer living with your USC spouse, you should not apply for naturalization on the basis of being married to a U.S. citizen for at least the last 3 years.
Answered on Apr 08th, 2014 at 8:49 PM

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Bruce A. Coane
Generally, yes, as long as you have been a permanent resident for 4 years and 9 months and are otherwise qualified.
Answered on Apr 08th, 2014 at 8:47 PM

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