Can I still apply for the US citizenship? 18 Answers as of July 18, 2012

I am a green card holder for 3.5 years. I have been seperated from my wife for 2 years. Can i still apply for us citizenship ?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
In order to apply for citizenship in 3 years you must be married to a US citizen and be residing with said spouse. Otherwise you have to wait till you have the 5 years. If you do not have a 10 year Lawful Permanent Resident card and your card expires in 2 years I would be seeking the assistance of an attorney quickly.
Answer Applies to: Minnesota
Replied: 7/18/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will need to wait for 4 years and 9 months from the date you became a PR to apply for citizenship assuming you meet all of the other requirements.
Answer Applies to: California
Replied: 7/16/2012
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
To be eligible for naturalization, the spouse of a United States citizen must establish that he or she has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application and the spouse has been a United States citizen for the duration of that three year period. (8 CFR319.1(a)(3)). An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse.(8 CFR 319.1 (b) (1)). Therefore, if you do not actually reside with your wife, then you will have to wait until you have the required 5 years of lawful permanent residence before you can become a naturalized US citizen.
Answer Applies to: Florida
Replied: 7/16/2012
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If you are able to prove that the relationship was entered into for love and not for the green card, as you did before, you are eligible. Once you have permanent residency, you are not required to continue the marriage in order to obtain eligibility to apply for U.S. citizenship, which you surpassed when you had been a permanent resident for more than 3 years.
Answer Applies to: California
Replied: 7/16/2012
Law Offices of Patricia M. Corrales
Law Offices of Patricia M. Corrales | Patricia M. Corrales
If you obtained your lawful permanent resident through your United States citizen wife then you can apply for naturalization to become a U.S. citizen pursuant to section 319 of the Immigration and Nationality Act after being a lawful permanent resident for a period of 3 years. However, to be eligible to apply under section 319, you and your wife have to live in marital union at the time of the filing of your naturalization application. Since you have indicated you have been separated from your wife for the last two years, you will not be eligible to apply for citizenship under section 319. Instead, you will be eligible for naturalization under section 316 and that requires you to be a lawful permanent resident for a period of 5 years before being eligible to apply for naturalization.
Answer Applies to: California
Replied: 7/16/2012
    Montefalcon Law Offices
    Montefalcon Law Offices | Alberto G. Montefalcon, Jr.
    No. You must be living with each other as husband and wife, three months immediately prior to your citizenship application. You will have to wait 1.5 more years to qualify under the 5-year requirement that generally applies to all immigrants, instead that of 3 years for US citizen spouses.
    Answer Applies to: California
    Replied: 7/16/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You can, however, if you are applying based upon your marriage to your wife, you may run into a problem showing that you entered into a bona fide marriage at the time you were granted permanent residency. I suggest that you wait until 5 years after you received your green card to apply.
    Answer Applies to: California
    Replied: 7/16/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Technically yes, since you are still married.
    Answer Applies to: California
    Replied: 7/16/2012
    Carol Beth Wolfenson | Carol Beth Wolfenson
    Yes, after 5 years.
    Answer Applies to: New York
    Replied: 7/16/2012
    Law Offices of Brian D. Lerner, A PC
    Law Offices of Brian D. Lerner, A PC | Brian David Lerner
    Not until the 5 years.
    Answer Applies to: California
    Replied: 7/14/2012
    Law offices of Tammy Sumontha | Tammy Sumontha
    In order to adjust your status to naturalized status through marriage, one of the requirements that you have to meet is to show that you and your US citizen spouse has been living together for at least 3 years after marriage. However, how you will or can adjust your status will depend on your current green card category. You should contact an immigration attorney to see if you have other alternatives.
    Answer Applies to: California
    Replied: 7/13/2012
    Oltarsh and Associates, PC
    Oltarsh and Associates, PC | Jennifer Oltarsh
    Unfortunately you have to wait 5 years.
    Answer Applies to: New York
    Replied: 7/2/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If you are currently separated from your wife, the earliest that you can apply for naturalization is when you have been a resident for at least 4 years and 9 months.
    Answer Applies to: Texas
    Replied: 7/13/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    If you are separated from your spouse, you cannot apply for U.S. citizenship until you have been a permanent resident for 5 years. Only permanent residents who are not separated/divorced and live with their spouses can seek U.S. citizenship after 3 years of residence.
    Answer Applies to: New York
    Replied: 7/13/2012
    NAYAR & MCINTYRE LLP
    NAYAR & MCINTYRE LLP | MARIA MCINTYRE
    Generally one has to wait 5 years before applying for citizenship. In order to take advantage of the 3 year "married to a US citizen" exception, you must be in a viable marriage and living together as such. In my opinion, you will need to wait the 5 years.
    Answer Applies to: Texas
    Replied: 7/13/2012
    Law Office of Bijal Jani | Bijal Jani
    If you are planning on filing for citizenship based upon marriage to a US citizen, if you file now you are likely to be denied because you have not followed through on the requirements of such a filing.
    Answer Applies to: New York
    Replied: 7/13/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    The special legal provision that allows a Permanent Resident to apply for naturalization after only 3 years - rather than 5 years - of Permanent Resident status applies only to those who continue to be married and living together with a U.S. Citizen spouse.
    Answer Applies to: Georgia
    Replied: 7/13/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    If you are no longer in a bona fide marital relationship, you are not eligible to apply until you have been a permanent resident for 5 years.
    Answer Applies to: California
    Replied: 7/13/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney