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jens_

US Citizenship through 5-year rule while married but separated

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Hi Everyone,

I want to apply for the U.S. Citizenship soon before I have to renew my green card. I have the green card for 19 years and currently married to my husband who is a U.S. citizen but we have been physically separated for the last 3 years due to personal issues. He is living in a different state and we don't have any contacts with each other. Can I apply for the citizenship under the 5-year rule? If yes, do I need to answer the marital history section on the N-400 form or can I leave this blank? Also, do I need to provide any documentations relating to our marriage?

Thank you in advance for your advise.

Edited by jens_

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Yes, you would qualify for the 5 year rule because you're well over that with 19 years of legal permanent residence!

You can check what to fill in on the N-400 by reading the instruction PDF that goes with it: https://www.uscis.gov/sites/default/files/files/form/n-400instr.pdf

It reads to me as though you fill out your marital information regardless of whether you're applying based on that or not, but you won't tick the box that says you're applying based on the 3 year rule (you'll tick 1.1 / A).

In terms of documents - I believe they only need marriage documentation when you are applying on the 3 year rule. The checklist should help there: https://www.uscis.gov/sites/default/files/files/article/attachments.pdf

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I won't be able to get my husband's information since we no longer keep in contact and I don't think he would be willing to help anyway. If I have to fill out the marital history section, can I fill it out to the best of my knowledge and put N/A for anything else that I don't have information for?

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You only have to know his name and when you got married. If there's stuff about past-spouses for him and you don't know it - you don't know it. You can always include an additional sheet to explain missing information. Since you're not applying based on being married to him, I doubt it's a big deal - I think they just want that info for background checks more than anything.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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