Can a separated LPR under faince visa acquire US Citizenship?

[Kagebunshin 1]

My friend has been in the states since 2007, and she is wondering if she could apply for a US. citizenship even if she is separated with her husband(petitioner) since 2011. She is filing for her tax separately and such.

Will this affect her chances of being naturalized? And what is her husband's role in affecting her chances of a US citizenship?

Thanks.

[NigeriaorBust 4,087]

What is the resident since date on her green card She must wait for 5 years ( - 90 days) to be able to file assuming no long trips out of the US

[Tom_Jim 40]

My friend has been in the states since 2007, and she is wondering if she could apply for a US. citizenship even if she is separated with her husband(petitioner) since 2011. She is filing for her tax separately and such.

Will this affect her chances of being naturalized? And what is her husband's role in affecting her chances of a US citizenship?

Thanks.

A few Qs.

1. Did she successfully remove conditions from her conditional greencard?

2. Is she *legally divorced, not separated?

3. When did she become a permanent resident?

4. During the marriage, were they filing taxes jointly before separating?

[Kagebunshin 1]

What is the resident since date on her green card She must wait for 5 years ( - 90 days) to be able to file assuming no long trips out of the US

She's been here in the US for 7 years with only 30 days worth outside of US for trips. She can already apply although my question is her being separated with her husband affect her chances of acquiring a US citizenship since she might need to ask some paper works to sign from her husband.

A few Qs.

1. Did she successfully remove conditions from her conditional greencard?

2. Is she *legally divorced, not separated?

3. When did she become a permanent resident?

4. During the marriage, were they filing taxes jointly before separating?

1. I think so, She's now in her 7th year in the US.

2. Not legally divorced but separated since 2010.

3. In 2008.

4. They were filing taxes together since she came in the US in 2007 up to 2010. Since then 2011-present they were filing jointly.

-----------------------------

Thank you for the replies!

[Kagebunshin 1]

She's been here in the US for 7 years with only 30 days worth outside of US for trips. She can already apply although my question is her being separated with her husband affect her chances of acquiring a US citizenship since she might need to ask some paper works to sign from her husband.

1. I think so, She's now in her 7th year in the US.

2. Not legally divorced but separated since 2010.

3. In 2008.

4. They were filing taxes together since she came in the US in 2007 up to 2010. Since then 2011-present they were filing jointly.

-----------------------------

Thank you for the replies!

At number 4. Typo. Separately not jointly. They are filing their taxes individually now since 2011.

[NigeriaorBust 4,087]

At 5 years the validity of the marriage is no longer an issue only if fling based on 3 years of marriage/LPR status.

[Tom_Jim 40]

At 5 years the validity of the marriage is no longer an issue only if fling based on 3 years of marriage/LPR status.

^^ what he/she said.

[Darth Vader Ku 16]

At 5 years the validity of the marriage is no longer an issue only if fling based on 3 years of marriage/LPR status.

This is not necessarily correct. At the N-400 interview, the Immigration Officer has broad discretion to re-assess the validity of the immigration path via which the petitioner acquired the Legal Permanent Resident Status. While the three-year statute for naturalisation expressly requires that, in addition to all other requirments, the petitioner be in a current, valid, co-habitational marriage with a US citizen, the five-year statute does not expressly preclude it.