Jump to content
dare448

Will my separation with wife affect my US Citizenship application?

By dare448 in US Citizenship General Discussion

 Share

8 posts in this topic

Recommended Posts

dare448 Explorer

dare448   2

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

My wife and I have been married since March 2012 and I was granted my 10-year permanent green card in 2014. That same year, my wife and I decided to start a business in the Philippines so she moved back to Manila to start and manage it. I visited her in December 2014 and twice in 2015. Unfortunately, the business fell through around mid-2016. Since there's no more reason for her to stay there, I told her to come back to the US but she told me that she doesn't want to come back and stay married with me. I was devastated so I visited her in August 2016 to see what's up and try to convince her again to come back to the US with me. To cut the long story short, I couldn't convince her so we decided that it was time to separate since I have no plans in staying in the Philippines as I have established our life here. Up to this date though, we have not filed for divorce. 

 

Anyway, I am eligible to apply for citizenship in August of this year but I was wondering if being separated with my wife will affect my application. Should I file for citizenship now or do I need to file for divorce before applying? Any suggestions, comments and legal tips are highly appreciated.

 

Regards,

Rey

ROC JOURNEY

09/30/14 (Day 00) - Application for I-751 Submitted

10/01/14 (Day 01) - Delivered

10/03/14 (Day 03) - Check cashed

10/04/14 (Day 04) - NOA1 (dated 10/01) Received

10/08/14 (Day 08) - Biometrics Appointment Letter for 10/22 Received

10/22/14 (Day 22) - Biometrics Completed

03/10/15 (Day 161) - GC Production Text and Email Notification Received

03/14/15 (Day 165) - Received I-751 Approval Notice

03/16/15 (Day 167) - Received text and email notifications that GC has been mailed

03/19/15 (Day 170) - RECEIVED GREENCARD! WOOOOT!

Link to comment
Share on other sites
dare448 Explorer

dare448   2

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted
4 minutes ago, Transborderwife said:

It would not be of good and moral character to file for citizenship when you're going to divorce.  Wait for the 5 years.

Thanks for the response. Actually, it'll be 5 years since I got my first (2-year conditional) green card this coming October. 

 

Got my 2-year conditional green card in October 2012 and the 10-year green card after we applied for removal of condition in 2014.

ROC JOURNEY

09/30/14 (Day 00) - Application for I-751 Submitted

10/01/14 (Day 01) - Delivered

10/03/14 (Day 03) - Check cashed

10/04/14 (Day 04) - NOA1 (dated 10/01) Received

10/08/14 (Day 08) - Biometrics Appointment Letter for 10/22 Received

10/22/14 (Day 22) - Biometrics Completed

03/10/15 (Day 161) - GC Production Text and Email Notification Received

03/14/15 (Day 165) - Received I-751 Approval Notice

03/16/15 (Day 167) - Received text and email notifications that GC has been mailed

03/19/15 (Day 170) - RECEIVED GREENCARD! WOOOOT!

Link to comment
Share on other sites
dare448 Explorer

dare448   2

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted
Just now, Jojo92122 said:

You are not eligible to naturalize.  You have not been living with your wife as required under the 3 years rule.

Thank you! I think my post was kind of confusing. Our 3-year rule was applicable in 2015 since I got my 2-year conditional green card in 2012. This year will mark my 5th year as a permanent resident, correct? So does that mean I can apply on my own?

ROC JOURNEY

09/30/14 (Day 00) - Application for I-751 Submitted

10/01/14 (Day 01) - Delivered

10/03/14 (Day 03) - Check cashed

10/04/14 (Day 04) - NOA1 (dated 10/01) Received

10/08/14 (Day 08) - Biometrics Appointment Letter for 10/22 Received

10/22/14 (Day 22) - Biometrics Completed

03/10/15 (Day 161) - GC Production Text and Email Notification Received

03/14/15 (Day 165) - Received I-751 Approval Notice

03/16/15 (Day 167) - Received text and email notifications that GC has been mailed

03/19/15 (Day 170) - RECEIVED GREENCARD! WOOOOT!

Link to comment
Share on other sites
Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted
Just now, dare448 said:

Thanks for the response. Actually, it'll be 5 years since I got my first (2-year conditional) green card this coming October. 

 

Got my 2-year conditional green card in October 2012 and the 10-year green card after we applied for removal of condition in 2014.

You left out that vital piece of information about having a conditional green card.  Your first post mentioned getting married in 2012 and a 10 years green card in 2014.  

 

You can apply under the 5 years rule.  Being separated is fine.

Link to comment
Share on other sites
dare448 Explorer

dare448   2

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted
Just now, Jojo92122 said:

You left out that vital piece of information about having a conditional green card.  Your first post mentioned getting married in 2012 and a 10 years green card in 2014.  

 

You can apply under the 5 years rule.  Being separated is fine.

I am so sorry about the confusion. Yeah, we got married in March 2012 and I was granted the 2-year conditional green card in October 2012. 2014 was when I received my 10-year permanent green card.

 

Thank you for your comment by the way, really appreciate it.

ROC JOURNEY

09/30/14 (Day 00) - Application for I-751 Submitted

10/01/14 (Day 01) - Delivered

10/03/14 (Day 03) - Check cashed

10/04/14 (Day 04) - NOA1 (dated 10/01) Received

10/08/14 (Day 08) - Biometrics Appointment Letter for 10/22 Received

10/22/14 (Day 22) - Biometrics Completed

03/10/15 (Day 161) - GC Production Text and Email Notification Received

03/14/15 (Day 165) - Received I-751 Approval Notice

03/16/15 (Day 167) - Received text and email notifications that GC has been mailed

03/19/15 (Day 170) - RECEIVED GREENCARD! WOOOOT!

Link to comment
Share on other sites
nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Yes, if you're at the 5 year mark, with a 10 year green card your marital status is no longer relevant to your naturalization application. Your separation shouldn't affect naturalization at all - they shouldn't even ask you anything about it! 

Sorry that your marriage fell apart, but enjoy your new life as (almost) a citizen!

 

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...