Difficult Situation

[mg93254 0]

Hi,

I am here to get some advice/suggestion regarding my situation. I've got my 10 year green card on 2009. At the beggining of this year, my husband decided to move out and leave me.

We are still married and we still share bunch of stuff like: taxes, joint bank accounts, cars, insurances. I really dont what is going to happen. I love him and I am really devastated.

I am not sure if it will be appropiate to file to the citizenship since we've been separated for 9 months. I dont know if I should wait to apply based on residence instead of based of marriage.

Althought, If apply based on residence, I am afraid it will be rejected since I am not anymore with him. I dont have anything wrong in my background. Some lawyers had suggested me to go ahead with the application based on marriage. I am not sure what to do.

I'd appreciate any kind of help or suggestion.

I am really bad in this moment

Thank you for your help

[Drogs 24]

Filing as being married would be wrong, Technically yes you are still married, Filing based on residence is what it states, nothing to do with marriage, just have to complete the extra two years.

[Jojo92122 1,924]

To file for US citizenship based on marriage to a US citizen, one of the requirement is living with the US citizen spouse for 3 years. You cannot meet this requirement because your husband moved out at the beginning of the year and is no longer living with you.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

Have been a permanent resident (green card holder) for at least 3 years

Have been living in marital union with the same U.S. citizen spouse during such time

Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

Be 18 or older

Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

Reside continuously within the United States from the date of application for naturalization until the time of naturalization

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)

Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is stationed abroad in such employment for at least 1 year, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)

No specific period of continuous residence or physical presence in the United States is required

No specific period of marital union is required; however, the spouses must be living in marital union.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

For More Information…

On naturalization requirements, see the A Guide to Naturalization, Chapter 4, Who is Eligible for Naturalization?.

Regarding exceptions and modifications to the naturalization requirements, visit the Exceptions and Accommodations.

On how to apply for naturalization, visit the How Do I Apply for U.S. Citizenship page. Also see the A Guide to Naturalization page and read the form instructions before applying.

Edited September 7, 2011 by Jojo92122

[NickD 203]

Really can't add anything to this except if you do file under marriage, and the USCIS finds out, you can be deported. If they don't find, the rest of your life will be in a constant state of fear. What kind of immigration attorneys do you have? Should be disbarred telling you to lie to the USCIS. But attorneys are trained to lie and the better the liar, the more successful they are.

To file for US citizenship based on marriage to a US citizen, one of the requirement is living with the US citizen spouse for 3 years. You cannot meet this requirement because your husband moved out at the beginning of the year and is no longer living with you.

http://www.uscis.gov...000b92ca60aRCRD

Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

Have been a permanent resident (green card holder) for at least 3 years

Have been living in marital union with the same U.S. citizen spouse during such time

Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

Be 18 or older

Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

Reside continuously within the United States from the date of application for naturalization until the time of naturalization

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)

Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is stationed abroad in such employment for at least 1 year, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)

No specific period of continuous residence or physical presence in the United States is required

No specific period of marital union is required; however, the spouses must be living in marital union.

Note: You must also establish that you will depart abroad immediately after naturalization and that you intend to reside in the United States immediately upon the termination of your spouse’s employment abroad.

For More Information…

On naturalization requirements, see the A Guide to Naturalization, Chapter 4, Who is Eligible for Naturalization?.

Regarding exceptions and modifications to the naturalization requirements, visit the Exceptions and Accommodations.

On how to apply for naturalization, visit the How Do I Apply for U.S. Citizenship page. Also see the A Guide to Naturalization page and read the form instructions before applying.

[mamaSue 38]

If you just wait for the 5 years' residency, you wouldn't have to rely on husbands, ex-husbands, lawyers, or anybody!

You're a legal permanent resident.....you have as much right to be here as anybody...

Why wouldn't you just wait and file based on residency?