Married to USC Spouse for 4 1/2 years, resident 3 1/2 years.

[ajm_80 0]

I married my USC spouse in 2004 and became a conditional resident in the spring of 2005. Under the 3 year rule, I was eligible to file for citizenship in the spring of 2008. My spouse and I had been having marital problems around that time, and subsequently pursued a divorce which we both agreed was the best route forward. I decided at that point that I would remain here until I could apply based on 5 years as a resident which will be the spring of 2010. My wife and I have recently worked through our problems and we are now back together after the break we had.

My understanding is that in order to meet the 3 year requirement, you must have been married to and living with your USC spouse for that time. We did spend some time living apart. Our divorce is also at an advanced stage (we are legally separated and she has already been served papers). We no longer intend to finalize the divorce.

My question is, if I were to file for citizenship now based on 3 years of marriage, will I encounter problems based on the marital struggles we have had in the past? I assume it will come to light that we spent time apart, and have even been legally sperated for a while.

Is it best to just go ahead after 5 years and have a simpler case to approve or is it possible to negotiate a path to the 3-year application without serious recourse?

Many thanks.

[Stella08 0]

Sorry, but I don't think you qualify because you have been officially separated. But I'm glad to hear you and your spouse found back together. Good luck to you!

http://www.uscis.gov/propub/ProPubVAP.jsp?...758650d6d39638a

There are the general requirements:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

[melaarme 0]

I agreed with estella08,but to make sure why don't try calling the INS and asked them maybe they can help you.

quote name='ajm_80' date='Jan 25 2009, 09:55 AM' post='2589760']

I married my USC spouse in 2004 and became a conditional resident in the spring of 2005. Under the 3 year rule, I was eligible to file for citizenship in the spring of 2008. My spouse and I had been having marital problems around that time, and subsequently pursued a divorce which we both agreed was the best route forward. I decided at that point that I would remain here until I could apply based on 5 years as a resident which will be the spring of 2010. My wife and I have recently worked through our problems and we are now back together after the break we had.

My understanding is that in order to meet the 3 year requirement, you must have been married to and living with your USC spouse for that time. We did spend some time living apart. Our divorce is also at an advanced stage (we are legally separated and she has already been served papers). We no longer intend to finalize the divorce.

My question is, if I were to file for citizenship now based on 3 years of marriage, will I encounter problems based on the marital struggles we have had in the past? I assume it will come to light that we spent time apart, and have even been legally sperated for a while.

Is it best to just go ahead after 5 years and have a simpler case to approve or is it possible to negotiate a path to the 3-year application without serious recourse?

Many thanks.

[English Muffin 59]

I agreed with estella08,but to make sure why don't try calling the INS and asked them maybe they can help you.

The INS ceased to exist in 2003!

[KyngSilva 0]

I agreed with estella08,but to make sure why don't try calling the INS and asked them maybe they can help you.

The INS ceased to exist in 2003!

LOL