Should I apply or not?!!!!

[PureHeart86 0]

Hello everybody,

My story is that I'm married to an American since 2012, I came to the united state in 2014 and we been together for 2 years and-and 7 months. and this year we had a lot of problems and abuse from him that lead to separation couple of months ago though a police report, we still married and he still paying for bills and we filled the tax together, he is paying for my insurance and care insurance and other bills, Now I'm eligible to apply for citizenship next month but I was a bit worried if things did not go well  between us and he applied for divorce in July as he keeps saying, my questions are:

can I Still apply for citizenship since we still married and he still supports me ???

If I applied and there is a chance we are not back together and if I did not get the interview date before the divorce may lead to canceling my application even if we were married for 3 years in the state and 4 years since I meet him??

Do they need him to be with me in the interview and biometric??

 

[aleful 1,905]

you aren't eligible, since you must prove that you have a bona fide marriage, living together

 

especially if there is a possibility of divorce, you would need to be a GC holder for 5 years.

 

don't worry now for citizenship, worry about your marriage, or you both fix things and live together again or divorce. find a resolution before you file for citzenship

he doesn't need to be with you at the interview, but you will need to take proof of bona fide marriage

 

 

[vegasbound 83]

@PureHeart86 "can I Still apply for citizenship since we still married and he still supports me ???"  - You can most certainly apply for naturalization but you may not be eligible to become a citizen based on your marriage to a US citizen for 3 years. Yes, technically, you are still married (haven't divorced yet) to your US citizen spouse but like aleful pointed out, you have to be in a bona fide marriage, living together with your husband, as a normal married couple; not when you are living apart, on the verge of divorce.  The fact that you have reported him for abuse will certainly be brought up by the IO during the interview as well. And if you were divorced by the time of your interview, the answer is "YES" that you will not be recommended for approval for naturalization based on the 3-year rule. @aleful's advice is on point - don't worry about your citizenship and focus on finding a resolution to your marriage. If you did get divorced, then you can apply for naturalization in a couple of years, solely on your own merit without having to be married to a US citizen.

 

 

[MyJourney 276]

I don't know if this is helpful or not, but I don't think you have to tolerate an abusive relationship just because of immigration. There are a few options, check these out:

Battered Spouse, Children & Parents

Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa Fact Sheet