QUESTION

Married but seperated. Got my green card becuse of my marriage with US citizen. April 2010 got green card. can i apply for citizenship now?

Asked on Dec 27th, 2013 on Immigration - Pennsylvania
More details to this question:
We are still married but never submit tax return jointly. Though I have been living at the same address & never left USA since 2001. So will I be eligible to apply for citizenship now ?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
For you to take advantage of the three year rule for citizenship because of marriage to a US citizen, you must be able to demonstrate three years of having lived together prior to filing the application. If you are now separated, you would not be eligible to file under the three-year rule. You should wait to file under the five year rule. At that time, you may still have to demonstrate that your marriage was bona fide at the time of inception, but not that you are still living together. Never having submitted joint tax returns may raise questions in either situation. 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 Jan 15th, 2014 at 9:15 PM

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