> Changing Marital Status before Applying for Citizenship

[paliboy 0]

I have a question for anyone who can answer. I had my CG back in 2003 and never got a chance to apply to be a US citizen. I am married to an American citizen, and we are getting separated this year as things didn't work out between us. should I apply now or wait till my separation period is over?

would this cause me any trouble if I file now ?

Thanks in advance

[Brother Hesekiel 2,236]

You are a LPR for way over 5 years already. Your marital status has no bearing on your application anymore. You can file anytime with minimal documentation. A pure formality.

[sunny808 1]

I have a question for anyone who can answer. I had my CG back in 2003 and never got a chance to apply to be a US citizen. I am married to an American citizen, and we are getting separated this year as things didn't work out between us. should I apply now or wait till my separation period is over?

would this cause me any trouble if I file now ?

Thanks in advance

If you apply as a 5-year permanent resident, you do not need to be concerned about your separation so long are there no issues of good moral character within the 5 year period prior to your application.

[paliboy 0]

If you apply as a 5-year permanent resident, you do not need to be concerned about your separation so long are there no issues of good moral character within the 5 year period prior to your application.

I think I am good as far as Moral character!! No Problem there. my only concern is that we still didn't file officially for separation but we pretty much were physically separated in the last 12 months so no tax return or lease agreement..etc.... it seems after looking at the the Guide, unless I am misunderstanding, I am still required to submit these documentation as long am applying on the basis of marriage.

Please advise!!

[sunny808 1]

I think I am good as far as Moral character!! No Problem there. my only concern is that we still didn't file officially for separation but we pretty much were physically separated in the last 12 months so no tax return or lease agreement..etc.... it seems after looking at the the Guide, unless I am misunderstanding, I am still required to submit these documentation as long am applying on the basis of marriage.

Please advise!!

§ 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:

...

(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

...

(b ) Marital union (1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

(2) Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

As suggested, if you do not wish to deal with this, file under the 5 year green-card provision instead of the 3 year marriage provision. You do not need to file documentation regarding your marriage under this provision.

[NickD 203]

Wow, this is February already, wife would be eligible to file next month under the five year. But we did that about two years ago. Was thinking about that this last weekend, finished my taxes early this year and was trying to find a spot in my filing cabinets where I ran across that extra one thick pile of marriage evidence I made in he event they would have lost our application. Said I don't need this anymore, but just couldn't pitch it, was way too much work. Maybe next year. It did buy us two stress free years of her not having to carry that green card, and was a heck of a lot easier for her coming back with a US passport. But outside of that, not much else has changed by applying early.

Go ahead and apply and forget about marriage.

[paliboy 0]

Wow, this is February already, wife would be eligible to file next month under the five year. But we did that about two years ago. Was thinking about that this last weekend, finished my taxes early this year and was trying to find a spot in my filing cabinets where I ran across that extra one thick pile of marriage evidence I made in he event they would have lost our application. Said I don't need this anymore, but just couldn't pitch it, was way too much work. Maybe next year. It did buy us two stress free years of her not having to carry that green card, and was a heck of a lot easier for her coming back with a US passport. But outside of that, not much else has changed by applying early.

Go ahead and apply and forget about marriage.

Thanks sunny808 and NickD for your advice on this!!!

I am finishing up with my application and I'll be sending that in tomorrow

that being said and since I am applying under the 5 yr, I am sending along with my application

1) 2 passport photos

2) copies of my GC front and back

3) check for $675

please let me know if I am missing anything before I send it in

NickD... I know exactly the pain you went thru on all the paper work for this. I had to submit my evidence packet twice because they lost all the stuff I sent them back in 2002 and I had to do it all over again ..ugh!!!

[NickD 203]

Thanks sunny808 and NickD for your advice on this!!!

I am finishing up with my application and I'll be sending that in tomorrow

that being said and since I am applying under the 5 yr, I am sending along with my application

1) 2 passport photos

2) copies of my GC front and back

3) check for $675

please let me know if I am missing anything before I send it in

NickD... I know exactly the pain you went thru on all the paper work for this. I had to submit my evidence packet twice because they lost all the stuff I sent them back in 2002 and I had to do it all over again ..ugh!!!

Lucyrich informed me, we don't have to include three years of tax returns for the five year, will be applying for my step-daughter soon, so I guess that is it. Let me know if it isn't, but already have a printed copy of the M-476. Really don't want to read that, again.

Least if asked, could say I know how to run a copying machine, in the process of making many copies for the USCIS, wore out a feed roller on my Konica 2020, it was a foam roller and to my dismay, was an obsolete item. Did find a platen from an old HP printer with a similar durometer, but far more robust. Trick to cutting rubber with a machine tool lath is to put a new #2 X-Acto blade in the tool holder, does an excellent job. To get at the roller, had to take that copy machine completely apart. Yes I was frustrated, bet you are sorry you asked. My divorce papers are 50 pages long printed on both sides, how in the hell did they think my wife got her conditional card unless we were legally married?

My state wanted to see our divorce papers plus make us wait an additional ten business days before we could get married to do a background check. Guess the USCIS does not trust my state. Also guess that the USCIS does not trust themselves either.