Green Card holder for over 5 years & about to divorce

[lulu88 0]

Hello,

I obtained permanent residence over 5 years ago through marriage to US citizen. We are recently separated and about to start a divorce process.
May I apply for citizenship as "Have been Permanent Resident for at least 5 years" instead of "Have been Permanent Resident for at least 3 years AND MARRIED "?

I would like to apply immediately and not wait till divorce is final.

Thank you in advance!

[JohnR! 5,495]

You can apply while your divorce is going through. No biggie. Good luck!

[Jawaree 718]

You been marry 5 yrs U can go ahead & file divorce or not

[lulu88 0]

Thank you!
I'd like to clarify my question:

basically I'm asking how to fill out N-400 in this case, what box to check:

1. Have been Permanent Resident for at least 5 years (and I would prefer to check this one)

or

2. Have been Permanent Resident for at least 3 years AND MARRIED to US citizen

?

do I HAVE TO check this one if I'm still married at the time of applying?

thanks again

[JimmyHou 613]

Thank you!

I'd like to clarify my question:

basically I'm asking how to fill out N-400 in this case, what box to check:

1. Have been Permanent Resident for at least 5 years (and I would prefer to check this one)

or

2. Have been Permanent Resident for at least 3 years AND MARRIED to US citizen

?

do I HAVE TO check this one if I'm still married at the time of applying?

thanks again

You qualify for naturalization under either of those options, so it's up to you. You can select the 5 year option regardless of whether or not you are married at the time you file. Just make sure you meet the continuous residence requirements during those five years.

[christeen 966]

you can file under the 5 year rule...

[Shub 78]

Thank you!

I'd like to clarify my question:

basically I'm asking how to fill out N-400 in this case, what box to check:

1. Have been Permanent Resident for at least 5 years (and I would prefer to check this one)

or

2. Have been Permanent Resident for at least 3 years AND MARRIED to US citizen

?

do I HAVE TO check this one if I'm still married at the time of applying?

thanks again

There is no obligation to check the 3-year/married option if you are married to a US citizen. The advantage of using the 5-year rule is it requires less paperwork/effort on your part. Anyone who has been a permanent resident for 5+ years may use the 5-year option regardless of marital status (provided they meet all the requirements for naturalization). Edited February 11, 2014 by Shub

[JohnR! 5,495]

Thank you!

I'd like to clarify my question:

basically I'm asking how to fill out N-400 in this case, what box to check:

1. Have been Permanent Resident for at least 5 years (and I would prefer to check this one)

or

2. Have been Permanent Resident for at least 3 years AND MARRIED to US citizen

?

do I HAVE TO check this one if I'm still married at the time of applying?

thanks again

You need not check both, even in the case they both apply. Check nbr 1 so that they will only need paperwork from you.