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Can I apply for Citizenship if we are not together but still Married

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  • Can I apply for Citizenship if we are not together but still Married

    My wife and I don't live together anymore we still file tax together we don't hate each other we just don't get along well, I got a few more months to be eligible but I want to know if I still can apply for citizenship even though we aren't together, also if so will her presence be needed if I am applying for my Citizenship at the time of interview.

  • #2
    You are not eligible for expedited naturalization based on both three years of permanent residency and three years of marriage to a US citizen. You may apply under the regular 5 year requirement

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    • #3
      march next year I will have my 10 year green card for three years.

      My wife and I been Married 5 yrs, I have my unconditional green card 2 and Half years now actually, we aren't seeing each other no more but we still remain married, we file taxes as Married jointly. What I need to know is when my green card that I got reach it's 3rd year being that we are still married can I apply for citizenship. If so will her presence be needed at anytime during the that process, Thank you.

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      • #4
        Originally posted by Essentialblessings View Post
        My wife and I been Married 5 yrs, I have my unconditional green card 2 and Half years now actually, we aren't seeing each other no more but we still remain married, we file taxes as Married jointly. What I need to know is when my green card that I got reach it's 3rd year being that we are still married can I apply for citizenship. If so will her presence be needed at anytime during the that process, Thank you.
        Like inadmissible said, you are not eligible for naturalization under the 3-year rule. Being married to a US citizen is not enough; you have to be "living in marital union", which you are not. You can apply under the 5-year rule when you have been a permanent resident for 5 years.

        This is my personal opinion and is not to be construed as legal advice.

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