Been a Permenant Resident for 3 years, but no longer with spouse

[jingo 38]

Hi all,

I've lived in the US as a permenant resident for three years this February. I came here in 2011 under a K1 visa and married my fiance.

Sadly we aren't together any more -- we are still married and not legally divorced or separated -- unfortunately we just weren't able to make it work (we were so young when we decided to do all this). We are still in touch and still both live in Brooklyn, NY (but not together).

My question is, do I:

1) carry on living my life with my 10 year green card and get a divorce at some point?

2) apply for citizenship, even though apart from marriage license and taxes, my spouse and I have nothing to show a current relationship?

3) wait 2 more years and apply for citizenship and then get the divorce?

Any advice would be much appreciated. Thank you!

[JimmyHou 611]

Hi all,

I've lived in the US as a permenant resident for three years this February. I came here in 2011 under a K1 visa and married my fiance.

Sadly we aren't together any more -- we are still married and not legally divorced or separated -- unfortunately we just weren't able to make it work (we were so young when we decided to do all this). We are still in touch and still both live in Brooklyn, NY (but not together).

My question is, do I:

1) carry on living my life with my 10 year green card and get a divorce at some point?

2) apply for citizenship, even though apart from marriage license and taxes, my spouse and I have nothing to show a current relationship?

3) wait 2 more years and apply for citizenship and then get the divorce?

Any advice would be much appreciated. Thank you!

You cannot apply for citizenship at this time because you and your wife are separated. If you apply you will almost certainly be denied at the interview.

You can definitely apply when you have been a permanent resident for 5 years, regardless of whether or not you and your wife get a divorce.

You don't have to wait until you become a citizen to get divorced.

So regarding the options you listed:

1) Possible

2) Not possible

3) Possible, but no reason to wait to divorce.

Best option:

4) Apply for citizenship in 2 years and get divorced anytime you want.

[jingo 38]

So to clarify, if I apply in two years (Feb 2017), whether we are still together or not, won't affect the decision at all?

My main motivation in applying for USC would be to release his obligations from the affadavit, and to finally stop worrying about all this.

Also hypothetically, if I applied now and we were denied, what would happen?

[kzielu 1,149]

2) apply for citizenship, even though apart from marriage license and taxes, my spouse and I have nothing to show a current relationship?

And what would you answer to the question if you still live with your spouse ? Cause I got asked that very question during naturalization interview.

Other than that, Jimmy nailed it above.

[jingo 38]

And what would you answer to the question if you still live with your spouse ? Cause I got asked that very question during naturalization interview.

Other than that, Jimmy nailed it above.

Right, if we were interviewed, we wouldn't be able to say we live together.

If I apply after 5 years, but get a divorce this year, would the government ask anything about us not being together for two years? Or will it not matter?

[kzielu 1,149]

Right, if we were interviewed, we wouldn't be able to say we live together.

If I apply after 5 years, but get a divorce this year, would the government ask anything about us not being together for two years? Or will it not matter?

There's no if, you will be interviewed if you apply for citizenship.

If you apply based on 5 years rule (which is really your only choice), they can ask but it shouldn't matter at all.

[cappucino boy 29]

Hi all,

I've lived in the US as a permenant resident for three years this February. I came here in 2011 under a K1 visa and married my fiance.

Sadly we aren't together any more -- we are still married and not legally divorced or separated -- unfortunately we just weren't able to make it work (we were so young when we decided to do all this). We are still in touch and still both live in Brooklyn, NY (but not together).

My question is, do I:

1) carry on living my life with my 10 year green card and get a divorce at some point?

2) apply for citizenship, even though apart from marriage license and taxes, my spouse and I have nothing to show a current relationship?

3) wait 2 more years and apply for citizenship and then get the divorce?

Any advice would be much appreciated. Thank you!

1) carry on living my life with my 10 year green card and get a divorce at some point? - I would, a lot of your situation would depend on I would think communication with your ex-spouse. Seems like it would be prudent to move ahead with a divorce so that there isn't an entanglement in the future if you decide you want to enter into another relationship. The closure or divorce with ensure that you can move forward and close those door if they are really truly closed....only you and ex will know that. the answer to your 3 question directly relates to it's answer. Getting naturalized based on the 3 year rule is base on your marriage while I believe the 5 year rule is on just occupancy here as a LPR.

2) apply for citizenship, even though apart from marriage license and taxes, my spouse and I have nothing to show a current relationship? - I think it would depend on how long your were officially married and living together. Time apart really would be able to be used for citizenship.

3) wait 2 more years and apply for citizenship and then get the divorce - You'd be applying based on the 5 year rule and being a LPR on your on merits, I MOYP I would get he divorce first because it would ease your paperwork issues and then you'd have a clear point of separation based on your divorce decree. And besides, I'm not sure about NY but there is a time period between when the papers are filed and the actual divorce. Here in CA it''s 6 months before it becomes official. When all this is done then it seems like then it would be time to process the paperwork for becoming a citizen and who knows perhaps there might be someone else and you will want to move on with your life and officially become a U.S. Citizen. My wife would have never become a citizen if she had to decide between her country and the U.S. She wants the ability to go back and stay if she has to because her mom is older and is really close to her.

Good luck, I know some more people may have better insight than I do.

[aaron2020 11,651]

Right, if we were interviewed, we wouldn't be able to say we live together.

If I apply after 5 years, but get a divorce this year, would the government ask anything about us not being together for two years? Or will it not matter?

Does not matter.

[JimmyHou 611]

So to clarify, if I apply in two years (Feb 2017), whether we are still together or not, won't affect the decision at all?

My main motivation in applying for USC would be to release his obligations from the affadavit, and to finally stop worrying about all this.

Also hypothetically, if I applied now and we were denied, what would happen?

If you apply now and are perfectly honest and get denied (which is all but certain), you'll be out $680 plus the time and effort it takes to fill out the application and go to your biometrics and interview appointments. This shouldn't affect future applications unless they think you were trying to convince them that you were still together... just applying based on marriage may be enough to give them that impression, so I would not advise it.

Of course, any sort of characterization of your current relationship can have serious affects on future applications, but I'm sure you already know that.

If you apply in 2 years, whether or not you are married, they may ask about your marriage. They may dig into it further in order to make sure that you were legitimately married when you got your green card. This doesn't happen often, but they do look into it from time to time.

[SaltUponWounds 4]

I was in exaclty the same boat.We could not make it work, wife decided to file for divorce . If you think there is no way to make it work, no point of making it more complicated.

Everything was done in good fate and everything USCIS-related (like filing/documents etc) was done in the proper way.

Here is me 2 years later and divorced/single and i have applied for citizenship based on the 5-year rule... Honestly use rational and common sense and do everything right.

[Kintsukuroi 6]

I divorced my US citizen spouse. I applied under the 5yr rule. No issues whatsoever. The only factor my divorce played in my naturalization was that the IO requested to see a certified copy of my decree at my interview. When you apply under the 5yr rule your marriage plays little no no part in the naturalization process.

[jingo 38]

Thanks everyone for your advice! I guess I'll wait two more years and apply under the 5 year rule.

[Jawaree 717]

You are not eligible to apply for citizenship

until 5 yrs,,,,lying that marriage is still intact

will bring U troubles,,,wait the 24 mths to apply

[Buckyball 22]

There is no problem to file under the three year rule as long as you can proof the marriage was genuine and not for immigration purpose only.

[kzielu 1,149]

There is no problem to file under the three year rule as long as you can proof the marriage was genuine and not for immigration purpose only.

Yes - there very much is a problem. He said they're not together anymore, that takes filing under 3 year off the table.

I have been asked during my interview if for any time during last 3 years we were separated....