Applying for citizenship while separating (from non-US citizen)

[Amarelle]

Hi there,

I got a work-related Green Card in 2012. My ex-husband (non-US citizen) got a GC as a spouse. Now, 5 years have passed, and I want to apply for a citizenship based on a 5y rule. I think my ex wants to apply too.

However, things in our marriage have changed last year, and it's...a mess:
1) We both are foreign nationals (I'm Slovak and he's Russian). We were married in Slovakia in 2007. We don't have any other papers - not from U.S. or Russia.
2) Things were not working out and we have physically separated. We are already dating other people.
3) We already applied in Slovak court for a separation/divorce hearing. We both need to go there to attend, and the process might last for a long time, since we have kids. So, actually divorcing will take a while.
4) We already filed taxes as separated. Our lawyer told us it's OK to do so, since we can be considered separated by the Slovak law we were married under.

So, my question is - do I need to prepare any documentation for the naturalization interview? Do I need to be prepared for the detailed explanation of how things work in Slovakia? I got a feeling that in my case it's not important for the divorce to be finalized, since I was never married to a U.S. citizen. But I don't want to fail the interview because I didn't Google some important information.

Any advice is appreciated!

[topazfae]

Documentations are MUST

Documents are important in your case. Since you both have kids - you need to show proof tha tyou are paying child support or have some kind of agreement between you and your spouse. If you already have an agreement without lawyer involved, you may need to do that and file it with the court based on your agreement so they are legal. For example, you both decided not to request child support and agreed that you both will pay what children need. Or you already made an agreement on payment - this needs to be notarized and may need to be filed in the court.

As for your separation, you have to show your document that you both are separating. But the issue is you both are not divorce yet and they WILL ask you if you have been living together and it will not look good when you tell them that you don't live with him anymore - so get documentation - at least from a lawyer. Since you both are married in Slovak and in order to divorce, you can do that here in the States, I believe.

Best to talk with your lawyer about this.

Documentations ARE important especially when you are divorcing with kids.

Shannon

[inadmissible]

You have to file taxes as Married Filing Separately, not single, until your marriage is recognized in the United States as dissolved

You should speak to a family law attorney to find out if your state will recognize a divorce issued by a foreign state in which neither party is domiciled

[NettieL]

If you're in the US, US law applies. Chances are high that you will need to file for divorce in the county where you live.

The US courts will not be able to enforce Slovenian law (think about the kids and potential financial support issues).