QUESTION
If I file for the divorce now, how would that affect my immigration status?
Asked on Oct 02nd, 2016 on Immigration - New York
More details to this question:
We got married in January 2013. She is a US citizen, I am not. I got my conditional green card in January 2014. The conditions were removed from that card in April 2016, so I have a green card that's good for 10 years. Our marriage was entered in good faith, but unfortunately it didn't work out for us. We've been separated since March 2016. I have a 10 year green card, not the conditional one. When would I be able to apply for US citizenship?
1 ANSWER
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You could apply for naturalization now (3 months prior to the 3rd anniversary of your first green card) if you *continued to live together* with your U.S. citizen spouse. Since you have separated for over 6 months, the privilege of early filing is not available to you, and you have to wait another 2 years before filing for naturalization.
Answered on Oct 26th, 2016 at 7:30 PM