Can apply for Citizenship if we separeted

[Mehmet.Turkey 0]

I have few questions, I had my I-751 interview on 4/19/11 and when we went together with my wife we told USCIS that we are going to divorce but not divorce yet since we were trying to work it out. Since interview. I still did not get my 10 year card, as USCIS interview said that they will get back to me in mail about their decision.( I think i am getting approved even USCIS saw that we were a legit couple at the interview) Now we are separated but did not file for divorce. I have no idea how can this effect me, if i want to apply for Citizenship which i can apply in December 1 2011(90 days before). Are they going to interview again both of us? Because we told USCIS that we are getting divorce does anyone know that they might give me problem.

[Brother Hesekiel 2,235]

No.

If you are separated from your wife, you cannot file after only 3 years based on living together with your wife in harmony. That would be attempted fraud. You will have to wait until you have been a resident for 5 years.

[NickD 202]

According to a congressional law passed in 1927, you will be a better citizen if happily married to a US citizen, and thus can apply for the three year marriage privilege instead of waiting the full five years. Doesn't sound like you fit in that class with a pending divorce. A certain percentage of these applications are checked, and divorces are public records. If they learn about it, you risk deportation. Not because of of your divorce, but because you misrepresented yourself on your N-400 application.

It all depends on whether you are willing to take that risk or not.

[Mehmet.Turkey 0]

I have no intention to fraud. I have no idea how this process works. trying to figure out what are my options

[Anh map 2,098]

If you wait for the 5 years then your marital status is not an issue. If you really want to naturalize at 3 years then your spouse needs to be on board with the process.

[Kathryn41 3,205]

As has been said, if you are still married and happily living together you are allowed to apply for US citizenship 90 days before the third anniversary of receiving your green card as long as you have also been married 3 years at the time you apply. You need to be still married and living together when you have the interview and when you have the oath ceremony. The process can take about 4 to 6 months.

If you are separated and not living together, then you are not eligible to apply based on a 3 year marriage to a US citizen. You would need to wait until 90 days before the 5th anniversary of receiving your green card and you would apply on the basis of being a permanent resident for 5 years, and not based on your marriage.

So, you have 3 years down and 2 to go. Your green card will be good for 10 years so you will at least get some good use out of it when it arrives.

[Mehmet.Turkey 0]

ok thanks for your responses guys. I think i m gonna wait 5 years. we are not living together, so i cannot file under 3years marriage.

As has been said, if you are still married and happily living together you are allowed to apply for US citizenship 90 days before the third anniversary of receiving your green card as long as you have also been married 3 years at the time you apply. You need to be still married and living together when you have the interview and when you have the oath ceremony. The process can take about 4 to 6 months.

If you are separated and not living together, then you are not eligible to apply based on a 3 year marriage to a US citizen. You would need to wait until 90 days before the 5th anniversary of receiving your green card and you would apply on the basis of being a permanent resident for 5 years, and not based on your marriage.

So, you have 3 years down and 2 to go. Your green card will be good for 10 years so you will at least get some good use out of it when it arrives.