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Posted

Hi Everyone!

 

I came to the USA from Mexico via  fiancé visa and married my husband without the 90 day rule in 2011. A lot has happened since. We separated in 2015 but we are still legally married. I never wanted to get a divorce and so when we separated I was hoping to work my marriage out in a few months after taking time to reflect but he didn't want to. I haven't file for a divorce and he hasn't either. My green card will be expiring in 2024. I have been working hard and been paying taxes for now 5 years. Can I still apply for citizenship without him? Im confused about the whole process. Thank you for taking the time to share any advice on my situation. 

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

Yes. You are well able to apply for citizenship under the 5 year rule. This would be different form the 3 year application which would have required his cooperation.

File online.

You get receipt within 24 hours as opposed to paper mail which would take 3 months for USCIS to receive application, cash check and issue receipt during this COVID era.

Additionally, by filing online, USCIS will tell you what to upload and submit as evidence. You can add others if you want too. There is a separate section that allows you to do that.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
6 hours ago, Goachlinds said:

Hi Everyone!

 

I came to the USA from Mexico via  fiancé visa and married my husband without the 90 day rule in 2011. A lot has happened since. We separated in 2015 but we are still legally married. I never wanted to get a divorce and so when we separated I was hoping to work my marriage out in a few months after taking time to reflect but he didn't want to. I haven't file for a divorce and he hasn't either. My green card will be expiring in 2024. I have been working hard and been paying taxes for now 5 years. Can I still apply for citizenship without him? Im confused about the whole process. Thank you for taking the time to share any advice on my situation. 

If you have been in the US for 5 years since you got your green card (look at the date on the card), then you can apply. Actually this is easier even if you are still married because it has less requirements and less documentation. Good luck.

 
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