I want to apply for US citizenship. I have been living with my husband for 3 years and 8 month and 3 of them have have been a permanent resident . I am still living with my husband but want to separate not divorce.
Can I apply for citizenship?
What kind of interview will be for citizenship?
Answer
If you are separated from your husband at the time of filing the N-400, at the time of the citizenship interview, or before you are sworn in as a United States citizen, your N-400 will be denied. At least that is the position taken by USCIS in Denver. If you separate, you will be eligible to file for US citizenship when you meet the five year requirement, and perhaps 90 days in advance, as long as you meet all the other requirements at that time.
Best of luck.
Answer
I practice law in California & here, at the Los Angeles district office, separation or divorce from the original U.S. citizen petitioner is NOT grounds for an automatic denial. As long as you can show it was a bona fide marriage when entered into, the naturalization application can still be approved. It just depends on the circumstances of the case.
You might want to check with an Immigration Attorney in your area, to see how rigid the District Office is there. Although Immigration & Naturalization is Federal law, & thus it should not matter what State you are in, the protocol at each office may vary.
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