Can a permanent resident

[Karam and Jamie 44]

Can my husband file for citizenship if we are separated?

[Marco&Bettina 502]

16 minutes ago, Karam and Jamie said:

Can my husband file for citizenship if we are separated?

Sorry you're experiencing problems. Has he already ROC'd?

[EDJS 4]

33 minutes ago, Karam and Jamie said:

Can my husband file for citizenship if we are separated?

It depends. If he has been a green-card holder for over 5 years then yes.

[Ortolan 381]

He has to have been residing in the U.S. for 5 years to file for citizenship because the 3-year citizenship rule requires that he's still in a solid marriage to a U.S. citizen, and you say you're separated.

If you stay separated, or divorce, he'll have to wait.

Once he's been here for 5 years, he can file for citizenship whether he's still married to you or not.

Edited March 15, 2017 by Ortolan

[Karam and Jamie 44]

Thank you everyone. You have answered my question. Sadly we are separated but happy he can apply for citizenship once he has been here 5 years

[My wife my hope 7]

Oh i'm really surprised Jamie!

i used to read your old posts back in 2014! I thought you were deeply in love, I'm really sorry you're going through this. The answer to your question depends on; 1st whether his residence is a conditional one or not. 2nd what exactly you wanna do.

if he obtained his permanent residency based on less than 2 years marriage to you then his residency is conditional and he has to apply with the USCIS to remove this condition after 2 years of marriage or if you're gonna file for legal divorce, then he can apply for lifting conditions right away but he has to come up with solid explanations for the reasons of divorce and proof that the marriage was entered in good faith and not for immigration benefits. He will either succeed in convincing the USCIS with his explanation or he will fail and they will start his removing procedures.

what do you wanna do ? If you believe he was trying to use you for immigration benefits then I'm recommending you to hire a good lawyer as he's under your sponsorship and he can sue you for that to share your income so be very careful! You're not off the hook until he's a US citizen which is why i'm telling you to be vigilant and hire or consult with a good lawyer. He can apply for citizenship after 3 years if he'll remain legally your husband but in case you got divorced he'll have to wait for 5 years from the date he obtained his legal permanent residency status, keep in mind that it's your legal responsibility to report any change in status to the USCIS, expect a home visit from them anytime and if they discovered you're separated they might charge you both for what they'll consider immigration fraud! Especially he's from a MENA country.

take care Jamie, I'm wishing you the best and after all, it's his loss.

Be safe.

[candybabe 46]

3 hours ago, My wife my hope said:

Oh i'm really surprised Jamie!

i used to read your old posts back in 2014! I thought you were deeply in love, I'm really sorry you're going through this. The answer to your question depends on; 1st whether his residence is a conditional one or not. 2nd what exactly you wanna do.

if he obtained his permanent residency based on less than 2 years marriage to you then his residency is conditional and he has to apply with the USCIS to remove this condition after 2 years of marriage or if you're gonna file for legal divorce, then he can apply for lifting conditions right away but he has to come up with solid explanations for the reasons of divorce and proof that the marriage was entered in good faith and not for immigration benefits. He will either succeed in convincing the USCIS with his explanation or he will fail and they will start his removing procedures.

what do you wanna do ? If you believe he was trying to use you for immigration benefits then I'm recommending you to hire a good lawyer as he's under your sponsorship and he can sue you for that to share your income so be very careful! You're not off the hook until he's a US citizen which is why i'm telling you to be vigilant and hire or consult with a good lawyer. He can apply for citizenship after 3 years if he'll remain legally your husband but in case you got divorced he'll have to wait for 5 years from the date he obtained his legal permanent residency status, keep in mind that it's your legal responsibility to report any change in status to the USCIS, expect a home visit from them anytime and if they discovered you're separated they might charge you both for what they'll consider immigration fraud! Especially he's from a MENA country.

take care Jamie, I'm wishing you the best and after all, it's his loss.

Be safe.

"He can apply for citizenship after 3 years if he'll remain legally your husband "

If he files after 3 years, even if he is still legally married to you, the condition and what he is burdened to prove , is that the marriage is bona fide, as in real, not just legal - staying married for the purpose of obtaining immigration benefits would be considered fraud.

If you sponsored him and he is the one requesting the divorce, then the law is doing exactly what it is supposed to, which is protect US citizens from immigration fraud.

 

[My wife my hope 7]

4 hours ago, candybabe said:

"He can apply for citizenship after 3 years if he'll remain legally your husband "

If he files after 3 years, even if he is still legally married to you, the condition and what he is burdened to prove , is that the marriage is bona fide, as in real, not just legal - staying married for the purpose of obtaining immigration benefits would be considered fraud.

If you sponsored him and he is the one requesting the divorce, then the law is doing exactly what it is supposed to, which is protect US citizens from immigration fraud.

 

I meant by legally married real and bona fide marriage, if you read the full message you'd see that i said it's her role to report any change of status to the USCIS in order to avoid any troubles with them.

[My wife my hope 7]

4 hours ago, candybabe said:

"He can apply for citizenship after 3 years if he'll remain legally your husband "

If he files after 3 years, even if he is still legally married to you, the condition and what he is burdened to prove , is that the marriage is bona fide, as in real, not just legal - staying married for the purpose of obtaining immigration benefits would be considered fraud.

If you sponsored him and he is the one requesting the divorce, then the law is doing exactly what it is supposed to, which is protect US citizens from immigration fraud.

 

The opposite of real marriage is a fake one! Fake marriage won't be legal just FYI