How would I know if I qualify to apply for citizenship and when to apply? 6 Answers as of October 03, 2012

We are married for five years and moved to the US three years ago. We lived separately because we went to two different schools the past two years. We still see each other during weekends or holidays. Now, he cheated and wanted out of the marriage. I have the 10-year card and I want to apply for citizenship now.

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
If the marriage was bona fide, you can seek citizenship five years after having been admitted as a resident. You would be able to file 90 days in advance of the five year anniversary.
Answer Applies to: New York
Replied: 10/3/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You need to make sure that 3 years have elapsed since you got your green card and that you are still married throughout the N-400 process, among other things. If you divorce then 5 years need to go by before you can apply.
Answer Applies to: California
Replied: 10/3/2012
Immigration Attorneys, LLP | Robert R. Gard
You will most likely need to wait to satisfy the (Section 316 of the INA) 5 years as a lawful permanent resident residency requirements before you can file your N-400. Under the circumstances you have described, I doubt that the USCIS would find that you qualify for the reduced three year residency requirement of Section 319 of the INA. The section highlighted below has been interpreted by USCIS as living together, not visiting each other on weekends. 8 C.F.R. ? Sec. 319.1 Persons living in marital union with United States citizen spouse. (a) Eligibility. To be eligible for naturalization under Section 319(a) of the Act, the spouse of a United States citizen must establish that he or she: (1) Has been lawfully admitted for permanent residence to the United States; (2) Has resided continuously within the United States, as defined under ? 316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence; (3) 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; (4) Has been physically present in the United States for periods totaling at least 18 months; (5) Has resided, as defined in ? 316.5 of this chapter, for at least 3 months immediately preceding the filing of the application, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act, in the State or Service district having jurisdiction over the alien's actual place of residence; (Amended effective 11/28/2011, 76 FR 53764 ) (6) Has resided continuously within the United States from the date of application for naturalization until the time of admission to citizenship; (7) For all relevant periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and (8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in ? 316.2(a)(3) through 316.2(a)(5) of this chapter.
Answer Applies to: Illinois
Replied: 10/3/2012
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
You will need to determine if you meet the time and physical presence requirements for citizenship. I am not clear if your spouse is a US citizen or you both obtained greencards at the same time.
Answer Applies to: Washington
Replied: 10/3/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are no longer married, you have to have been a permanent resident for a period of 5 years and have satisfied the physical presence requirement in order to be eligible to file for naturalization.
Answer Applies to: California
Replied: 10/3/2012
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