Living alone but married : Filling for Citizenship

[klm9971 5]

This posting is for a friend who is applying for citizenship this Nov 2013. His problem is that he and his wife are living in separate houses in the same city due to the fact that he got arrested for domestic violence back like 6 months ago. Anyways, the case was dropped because his wife dropped the charges.

Now they are working on their marriage and living in different houses, but they are seeing each other every week. Is this going to be a problem when he is applying for citizenship? From my understanding is that you can apply within 3 years if you are legally married. Which they are...

Any advise?

[Hypnos 6,578]

He does not qualify to file for citizenship.

He must be "married to and living with" a US citizen who has been a US citizen for at least three years; he is not living with his wife therefore he cannot apply until either he and his wife fully reconcile and resume a communal residence, or he has been a green card holder for at least five years.

[Jamericanlove 31]

I agree with the answer above mine. The person has to be living in a viable union with the person they are married to. The fact that they are living apart and he had a domestic violence charge against him will reflect very badly and he will most likely be denied. As mentioned he must wait until matters are worked out between him and his wife, or wait the full additional 2 years and file on the basis of 5 years residency.

[klm9971 5]

Great! Thanks guys!