PERMANENT RESIDENT SINCE 2010 APPLIED FOR NATURALIZATION IN 2016 OCTOBER

[guest1 2]

Hello everyone and thank you for your input.

I have been married since 2010 to a US Citizens by birth and I have a permanent resident card (green card) since August 2010. I already qualified for 5 year permanent residency. In fact it's been going on 6+ years.

I know all the conditions about the 3 years and 5 years for application of neutralization.

I searched most websites for my answers but couldn't find any specific that would pertain to my situation.

 

My marriage is bona fide and I haven't had any issues with immigration.

We have been married since 2010 and still are.

However, we aren't living together since June 2016.

We haven't divorced yet.

I applied for my naturalization in October 2016 and have an interview in February 2017 to be approved or denied my application and the test. Just the interview before the oath ceremony.

 

The reasons for not living together are because we fallen out of love and my husband didn't wanted to pursue this marriage anymore.

 

I applied for naturalization while we were living separately, but still in the same city.

 

I've found that if a LPR (me) has been at least for 5 years, they can file for naturalization either being married or divorced.

 

But because we haven't divorced before I submitted my N-400, I'm afraid it will get denied, because we are living separately. We haven't filled a legal separation.

 

I have 6+ years of uninterrupted residency in the same state.

No drug or felonies on my record. Good moral character.

 

My questions are.

1. When the immigration officer will ask for any updates, I don't want to lie and say that we are living together, since we aren't.

Will that pose a denial on my application?

 

2. If I file for divorce while still in the process of nautralization, will that affect in any way?

 

3. I want to move to another state (US) to pursue my career and have better options for jobs, as where I'm currently living the job market is poor and it's not allowing me to find better paying jobs.

If relocating to another state, I have to provide the immigration with my new residence and mailing address, which will delay my interview process. That's fine.

But I'm worried that the timelines from sending a new request for new interview date and mailing address and residency might conflict and I will miss out on my new appointment. Thus my application can be dismissed.

So is it better to wait in the current state to get the interview and the oath ceremony done?

 

Thank you so much for all your input.

 

 

 

 

 

Edited January 21, 2017 by guest1

[aleful 1,905]

hi

 

because you are filing for having been a LPR for more than 5 years it won't affect you, be truthful at the interview and when you review the N400 with the officer tell him or her about the changes

 

if you are separated, tell the officer, if you have filed for divorce, tell the officer, he or she will correct and add the new information on the form

 

you should wait to relocate, since the interview is in a few weeks

 

 

[guest1 2]

Hi.

Thank you for your info.

Im afraid that my application will be denied because we aren't living together. I want to be honest and explain to the immigration officer the situation.

 

I wanted to wait to get a divorce after my naturalization is completed in full.

 

 

I forgot to mention that I came to US legally and followed all the federal procedures correctly as well as the marriage is legal.

 

 

Edited January 21, 2017 by guest1
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[aleful 1,905]

hi

 

so? your citizenship is not based on your marriage, you don't have to show proof of bona fide marriage

 

it is solely based on being a LPR for more than 5 years, the officer will ask you about your marriage, and you will tell him or her about your current situation, but you won't be denied for that

 

 

[guest1 2]

I understand. That's what I was trying to understand between the lines of all those procedures explained on USCIS website.

 

 I know that it's "easier" to get a naturalization after 5 years than it is in the 3 years after being married and a permanent resident.

I just wanted to know more in details of there are any issues pertaining to my separation while filling for citizenship.

 

I think it's always best to be honest at the interview, since they will test me for incorrect information.

 

Thank you

 

[guest1 2]

I also want to mention this.

 

On my form N400 I had to add my married last name and the required documents (since we are still married) were the marriage certificate and his birth certificate (us born citizens).

 

So I believe that my application for citizenship is based on marriage.

Since we are still married.

Even on my letter on the required documents, it's asking to bring proof of my marriage and that we have been living together for at least 3 years since becoming a permanent resident.

 

That's the catch here, that I was worried about.

 

Hope that makes any sense

[Hypnos 6,578]

It's very simple - did you check the box on the N-400 for applying under the five year rule or three year rule? (Page 1, Part 1 - Box A or Box B).

 

If five year - no problem; if three year - you will have an issue.

Edited January 21, 2017 by Hypnos

[NikLR 13,232]

~~moved to US citizenship discussion from general immigration discussion~~

[guest1 2]

30 minutes ago, Hypnos said:

It's very simple - did you check the box on the N-400 for applying under the five year rule or three year rule? (Page 1, Part 1 - Box A or Box B).

 

If five year - no problem; if three year - you will have an issue.

I did checked the box for 5 years respectively, since that's what I qualify for.

Those forms are also "general" and will not specify all those details about the 5 year rule..

 

So they make it seem that you as an applicant well have same conditions and policies as the 3 year permanent resident.

 

Any other tips on this?

 

Thank you

[guest1 2]

11 minutes ago, NikLR said:

~~moved to US citizenship discussion from general immigration discussion~~

What was your answer? I can't see it.

 

Thank you

[NikLR 13,232]

No you just have to be truthful when you filled it out.  So if you were still married to a USC and it called for that paperwork, you had to submit it regardless if you are separated or not. 

[NikLR 13,232]

Just now, guest1 said:

What was your answer? I can't see it.

 

Thank you

I didn't have one.  I was moving the thread to the appropriate forum. 

[guest1 2]

8 minutes ago, NikLR said:

No you just have to be truthful when you filled it out.  So if you were still married to a USC and it called for that paperwork, you had to submit it regardless if you are separated or not. 

Correct. That's what I thought.

I filled it out truthful and submitted all the docs necessary.

Also the USCIS has my file with my previous forms and request, from the beginning. A paper trail basically.

 

I tried all I could too restore the marriage but the other party didn't want.

So I want to be honest about the changes.

Which are non legal separation, non living in the same household and residence change for both of us.

We are both living in different residences.

 

Thank you

 

Edited January 21, 2017 by guest1
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