Filing for USC while separated

[RS330 0]

my spouse and i have recently separated. i am the USC and my spouse is the Permanent Resident. my spouse received the conditional two-year green card in December '05, and then got the permanent green card in '08.

my question is, can my spouse apply for USC based on being married to a USC if we're separated? or, apply for USC based on being a lawful permanent resident for 5 years?

thanks in advance for any advice.

[csoul 0]

my spouse and i have recently separated. i am the USC and my spouse is the Permanent Resident. my spouse received the conditional two-year green card in December '05, and then got the permanent green card in '08.

my question is, can my spouse apply for USC based on being married to a USC if we're separated? or, apply for USC based on being a lawful permanent resident for 5 years?

thanks in advance for any advice.

If she received the conditional 2 years GC in Dec 05 and if you are separated then she will need to wait 90 days before the date on the GC. That means that your spouse can apply under the 5 years rule on 09/day on GC/2010. So is very close. Avoid any application under the 3 year rule if you are already separated!

[v333k 59]

csoul is correct. Applying based on 3 years also requires that you still be married (in the real meaning) and living together. Also, the 90 day rule still applies to 5 year applicants, and it is so close. Very highly recommend what csoul said and wait one more month or so and apply then. Not to mention much less documents she needs to submit with the application.