Citizenship after 5 years as a EB derivative GC holder (informally separated)

[tribhuwan1001 0]

Hello,

 

I got my GC in 2017 as derivative (spouse) beneficiary of my husband’s EB2 green card.
 

At the time we filed for the GC we were married less than 1 year so I got an RFE asking for proof of bona fide marriage. 
 

We sent the RFE response and my case got approved and I received my GC. 
 

Now the 5 year mark of getting my GC is approaching soon. I understand I’m able to file for citizenship 90 days before the 5 year mark on my GC. And that the 3 year rule won’t apply to me as I got my GC as a derivative beneficiary and not through marriage to a US citizen. I am planning on filing the N400 mid next year.

 

We are still married, but we have been informally separated for some time (since 2019), and we are not living together. COVID put a dent in things, and we are trying to reconcile but this may end in divorce. We have no children and currently do not share finances (haven’t since end of 2018)
 

Questions are 

1) if we do not divorce and I file N400 while (informally) separated and living separately, will I have to prove a bona fide marriage during my N400? 
 

Am I going to be questioned about why my spouse does not live with me, etc? Or does it not matter since I am filing based on 5 year residency?
 

What if we manage to salvage the marriage and we do resume a life together (living together, shared some finances)?

 

2) If we divorce before my N400 application. Will this impact my ability to naturalize? Will I be questioned on the marriage during my N400? I don’t have any marriage proof beyond 2018 as in 2019-2021 we have been living separately. And i don’t have much marriage evidence for the period after getting the GC as I didn’t think this situation would materialize. My husband and I did take a trip to my home country to meet my parents and extended family in late 2018. And we have a lot of pictures from that. But we didn’t save much in the way of other things.
 

I understand by filing using the 5-year rule I am applying based on 5 years residency and my marriage status is not relevant anymore but I have read cases before on here where the marriage was questioned even at the N400 stage and filing under the 5 year rule. I didn’t plan to be separated but that’s just how things panned out. 
 

Just want to understand what my expectations should be under each of the 3 scenarios.

 

thank you

[longreach999 0]

I would not be worried. You already responded to an RFE for marriage when you got your GC and you filing as a 5yr GC which involves much less scrutiny. They may ask why you live separately if you are married (not divorced) when you file. In that case just say you are informally separated. They may or may not ask further (usually they don’t for non-marriage based GCs)
 

If you remain separated or end up divorcing when you file, it would be a good idea to have marriage proof from the time you got your GC to the time you separated. Its unlikely IMO that they will ask. But it doesnt hurt to have it just in case.

 

obviously the best would be you get back and living together with your husband in which case you should start gathering evidence immediately so you can prove an ongoing relationship, if asked.

 

i think there is a low chance it will come up at all. But as anything with USCIS hope for the best and prepare for the worst.