Am I still eligible for US citizenship even if I am separated? 6 Answers as of February 18, 2011

When I applied for the citizenship we were living together. I have my appointment next month to take the test. I am still legally married but I am not living with husband anymore. So total we are married 3.8years and I have my permanent resident card 3.3 years. What can I do?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
I assume the reason you are not living together is not based on abuse, or because one of your had to temporarily move due to work or professional reasons? If those are not the reasons, then if you filed for Naturalization based on marriage to a US Citizen for three years, you must be married AND living in marital union to qualify. Since you are not living with your husband you are not qualified for naturalization at this time.
Answer Applies to: California
Replied: 2/18/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are no longer with your husband, you are not eligible to natz at this time. If you pretend to be with him still, that is fraud/misrepresentation. If you are not together, you should withdraw your application right now and refile after you meet the longer term of 4 years and 9 months. Being married legally but not really together does not qualify you for this benefit! Further, DHS will review your entire file and will normally request documentation proving you are still together. Regardless you are not qualified at this time and I strongly urge you to withdraw your application!
Answer Applies to: California
Replied: 2/18/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Legally you would no longer qualify to complete your naturalization as you are not living as husband and wife.
Answer Applies to: Florida
Replied: 2/18/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You have been married for 3.8 years, and with a green card for 3.3. It means that you had conditional residency for 2 years, then permanent residency for 1.3 years. You have to be a permanent resident for a total of 3 years to file for citizenship. You can file for yourself when that time comes, even if you are divorced. Otherwise you have to be a permanent resident for 5 years, 3.7 years from now.
Answer Applies to: California
Replied: 2/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Be truthful at all time is what you need to do. Since you entered into the marriage in good faith, you should not have problem. Good luck!
Answer Applies to: Florida
Replied: 2/17/2011
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