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Hi. I have a Green card for 7yrs now, I got my Green card thru marriage, I have a clean record (not even a traffic ticket) I've been paying my tax for more than 10 years. Now I want to file for Citizenship, my question/concern is my husband and I have been separated (Not legally) for 3 years now, he leave in a different state and for those three years I have been filling tax as a head of household. My question is, will it be a problem? (The not filing together?) Please help Thanks
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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As you have had the green card for 7 years, and are filing under 5 year instead of three-year provision for married couples, U.S.C.I.S. will only be interested in whether you had a bona fide marriage at the time that you are obtained your green card or whether it was fraudulent from the beginning. It would not be interested in what is going on with your marriage today. It is normal that a marriage in the U. S. has problems over time, and U.S.C.I.S. officers in general understand that. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 24th, 2015 at 9:25 AM