applying for citizenship divorce isn't final

[LOSTINSPACE2 0]

Hi there, i was wondering if there are some people out here that same case as mine...I am a legal permanent residency here in U.S.Technically i am still married because the divorce is not final but I am living separately. I got married 2006...So can i apply for my citizenship? I was a residence here since 2007. Anyone can tell me what to do? Thanks in advance

[sunny808 1]

Hi there, i was wondering if there are some people out here that same case as mine...I am a legal permanent residency here in U.S.Technically i am still married because the divorce is not final but I am living separately. I got married 2006...So can i apply for my citizenship? I was a residence here since 2007. Anyone can tell me what to do? Thanks in advance

LOSTINSPACE2,

Since you have already filed for divorce and no longer live with your spouse, you can't file for naturalization based on marriage. Here's the relevant regulation:

(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.

I suggest you wait for that 90-day period before your 5-year green card anniversary before filing for naturalization.

[v333k 59]

Hi there, i was wondering if there are some people out here that same case as mine...I am a legal permanent residency here in U.S.Technically i am still married because the divorce is not final but I am living separately. I got married 2006...So can i apply for my citizenship? I was a residence here since 2007. Anyone can tell me what to do? Thanks in advance

Have you already been approved for removal of conditions or not yet? Your status shows pending but it could be old.

If you have been approved, then you need to complete the 5 year residency before applying for citizenship.

sunny808 posted a good explanation/reference on your options.

[LOSTINSPACE2 0]

Thanks for the input. Yeahh i got approved. I just thought its ok to apply for citizenship even wer'e not divorce cuz i had my waiver when i lift my conditions... but thnx for the help