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Married for almost 4 years total, but separated.

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Hello everyone,

I'm going to give as much detail as possible, as well as try to keep a long story short.

I got married in January of 2011. Got my first "green card", and after two years, I got the 10 year "green card". It was a legit marriage (for love, not just for documents), but that unfortunately didn't work, even though I tried as much as I could.

In February of this year (2014), I moved out. I now live on my own, paying my own rent, and the only thing we still have attached to each other are: health insurance, car insurance, cell phone plan, and taxes. We don't have a joint account anymore.

After thinking for a while, I decided I wanted to apply for the citizenship. I haven't done so yet, exactly because I have doubts as far as being married.

My questions are:

- Is it worth it to do it now, while we're still married, even though living separatedly? Or is it better to get a divorce first?

- If I do apply while still married, the fact that we don't live together anymore, will it influence the situation somehow?

- If I apply after getting a divorce, will that make my case more difficult?

My (ex)husband and I are not in the best terms. We talk (we share custody of our dog - I know, it's lame haha), he gets his check every month (for all the things I mentioned above - insirances, etc) and we even tried working on our relationship after I moved out, but it did not work on my part, so he has bad feelings towards me. So I don't think he would do anything to really "help me out" if he knew he could get in trouble for it.

Any insights are appreciated. Thank you in advance

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Filed: Country: Monaco

Carol, you can't apply because you're no longer living together, and considering you and your husband are not in the best of terms, it would be wise of you to let things be and wait until you have put in your five years as a LPR...

Check out the link: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Good luck!



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If I were you I would get divorced and wait till a 5-year mark since you got a green card to get the citizenship.

I don't think that it is right to apply for citizenship based on the marriage if you don't have a "healthy" marriage.

Adjustment of Status

Dec 3, 2008 - Aug 20, 2009 (approval on August 7th)

Removing of Conditions

May 9, 2011 - October 4, 2011 (approval on September 28th)


July 19, 2014 - N400 packet sent out

July 21, 2014 - N400 packet delivered

July 23, 2014 - received email/text that I-797 is issued

July 26, 2014 - received I-797 in mail

August 11, 2014 - received the Biometrics notification

August 14, 2014 - biometrics walk-in (original date August 20)

August 18, 2014 - in line for interview scheduling

September 9, 2014 - yellow letter is received (letter is issued September 3)

November 3, 2014 - interview notice is issued (email/text alert)

November 10, 2014 - interview notice received with the interview date of December 11, 2014.

November 10, 2014 - request to reschedule mailed out

December 5, 2014 - interview notice is sent out (email/text alert)

December 11, 2014 - received an interview letter in mail

January 10, 2015 - interview on Saturday at 7am

January 26, 2015 - sent the requested documentation

February 26, 2015 - oath letter is issued (email/text alert)

March 2, 2015 - oath letter is received

March 18, 2015 - oath at 8am

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Applying at 3 years would require his cooperation. Sounds like you do not have it at this point. Finish with the divorce and wait until you've been a legal resident for 5 years.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
Date Card Received : 2012-07-13
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Oath Taking

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