Informally separated. Can I still file for naturalizattion

[Crazy Cat 39,218]

2 minutes ago, Alision_J36 said:

To be clear, I have been a lawful permanent resident when I got my conditional card in 2015? Because that is the only date that is on the card, they did not put the date that my condition was removed, which is 2018. Thanks again for all your help 

Yes.  You have been a legal resident since the day your Adjustment of Status was approved (normally the residence since date on your GC).

Edited August 8, 2022 by Crazy Cat

[Alision_J36 2]

Just now, Demise said:

Yes.

 

Just now, Demise said:

Yes.

Wow. I could've filed since 2020 if thats the case. It's never too late though

[Alision_J36 2]

Please be patient with me, I have another question.. When they are my marital status, do i put separated or married. We have not been together since 2019. I am still married but we are not legally separated since then 

[Demise 1,094]

Just now, Alision_J36 said:

Please be patient with me, I have another question.. When they are my marital status, do i put separated or married. We have not been together since 2019. I am still married but we are not legally separated since then 

Married in this case.

Separated requires a legal separation order.

[Alision_J36 2]

3 minutes ago, Demise said:

Married in this case.

Separated requires a legal separation order.

 

3 minutes ago, Demise said:

Married in this case.

Separated requires a legal separation order.

Sigh! I hope this goes well for me. It's a case where problem started and I decided to leave, then he went MIA. I did file for a divorce, served him at his last known address but he was nowhere to be found. Then the pandemic started and the court dismissed the case. Recently he came back from wherever he was and think we can just get back together. I am completely over him and want a divorce but he dont want to get a divorce so I am moving a long with getting my citizenship  

[Rocio0010 5,562]

22 minutes ago, Alision_J36 said:

 

Sigh! I hope this goes well for me. It's a case where problem started and I decided to leave, then he went MIA. I did file for a divorce, served him at his last known address but he was nowhere to be found. Then the pandemic started and the court dismissed the case. Recently he came back from wherever he was and think we can just get back together. I am completely over him and want a divorce but he dont want to get a divorce so I am moving a long with getting my citizenship  

So sorry you’re in this predicament. I’m not very knowledgeable on the topic, but I don’t think the other person needs to agree to divorce (I can’t remember the word in English). I’m pretty sure you can do the divorce yourself, but I’ll let others chime in. 
Also, just in case… do you have any paper trail of the divorce you filed? Even though it wasn’t “successful”, it might still be worth getting evidence that you filed just in case and for your peace of mind. But you should be fine since you’re filing under the 5 year rule!

[bakphx1 785]

5 hours ago, Ontarkie said:

It is kind of hit or miss. Many under the 5 year rule have not been asked for anything. Others have been asked to provide proof. 

The thing is anytime you get immigration benefits from a USC spouse they can ask and they look at your entire file once more. 

It is always best to prepare to supply things just incase. 

When you apply under the 3 year rule (as we did), it does ask for proof of the marriage-not as much as when we removed conditions, but it’s still a perk of being married to a USC.  Uploading leases/mortgages, tax filings, etc are part of the filing.  It’s discretionary for the officer to question it further, but it’s still married-based.

[valentinasc 330]

7 hours ago, Alision_J36 said:

Wishing you both the best as she make her way to becoming and American citizen 😃

Ikr, I wish they would ask just the month and year, but they are asking for the specific date of moving or traveling out side of the country. 

Question, to qualify to file under the 5 year rule, is it 5 years when you first get a green card or 5 years after lifting conditions? I first got my conditional card in October 2015, got my conditioned removed in October 2018

5 years as a permanent resident 

[Cathi 5,610]

6 hours ago, Alision_J36 said:

 

Sigh! I hope this goes well for me. It's a case where problem started and I decided to leave, then he went MIA. I did file for a divorce, served him at his last known address but he was nowhere to be found. Then the pandemic started and the court dismissed the case. Recently he came back from wherever he was and think we can just get back together. I am completely over him and want a divorce but he dont want to get a divorce so I am moving a long with getting my citizenship  

You don't need him to file for divorce, file yourself. Either way you are eligible to file under the five year rule and divorce won't effect a thing.

[carmel34 3,529]

9 hours ago, Alision_J36 said:

I am completely over him and want a divorce but he dont want to get a divorce

You can divorce him without his permission, without his cooperation.  Find a good divorce attorney in your state and explain the situation.  You'll get a divorce whether your husband likes it or not.  Most states allow for a motion to serve by publication, with documentation to show that you and your attorney tried, without success, to find out where he is living.  Your attorney may also recommend hiring a private investigator to try and track your husband down.  It is very difficult to live incognito in this digital age.  Good luck with the N-400 process too!

Edited August 8, 2022 by carmel34

[Soksboy 13]

Filing for divorce without a response from him party just take a little bit longer to ensure that you have done your due diligence regarding notification and his failure to respond.

But as mentioned previously, you don't require his acceptance to get divorced.

[EM_Vandaveer 2,368]

It's fine just be open & honest with USCIS about your marital situation. These things happen & USCIS employees realize that.

[beloved_dingo 1,932]

13 hours ago, Rocio0010 said:

So sorry you’re in this predicament. I’m not very knowledgeable on the topic, but I don’t think the other person needs to agree to divorce (I can’t remember the word in English). I’m pretty sure you can do the divorce yourself, but I’ll let others chime in. 
Also, just in case… do you have any paper trail of the divorce you filed? Even though it wasn’t “successful”, it might still be worth getting evidence that you filed just in case and for your peace of mind. But you should be fine since you’re filing under the 5 year rule!

 

4 hours ago, carmel34 said:

You can divorce him without his permission, without his cooperation.  Find a good divorce attorney in your state and explain the situation.  You'll get a divorce whether your husband likes it or not.  Most states allow for a motion to serve by publication, with documentation to show that you and your attorney tried, without success, to find out where he is living.  Your attorney may also recommend hiring a private investigator to try and track your husband down.  It is very difficult to live incognito in this digital age.  Good luck with the N-400 process too!

@Alision_J36 Just jumping on here to back up Rocio and Carmel's advice. Even if your spouse doesn't want to cooperate, you can obtain a divorce. It may be relatively easy now that your husband has come back on the radar, because you could probably find out information to get him served this time (his place of work or home address, for example). If he doesn't respond to the Complaint for Divorce, you can request a Default Judgment. Laws vary by state so look it up for where you live to get more info. If you can afford a divorce attorney, that will help you navigate the process. Divorce attorneys also usually have contacts that can be useful in getting someone served (private investigators, process servers, etc).

[Alision_J36 2]

22 hours ago, Rocio0010 said:

So sorry you’re in this predicament. I’m not very knowledgeable on the topic, but I don’t think the other person needs to agree to divorce (I can’t remember the word in English). I’m pretty sure you can do the divorce yourself, but I’ll let others chime in. 
Also, just in case… do you have any paper trail of the divorce you filed? Even though it wasn’t “successful”, it might still be worth getting evidence that you filed just in case and for your peace of mind. But you should be fine since you’re filing under the 5 year rule!

Hi. Thank you. I am researching way I can do it without him. I do have copies of the papers I filed in 2020 and I the letter I got from the court to serve him. I haven't looked at them since but I will time some time on my day off to review the documents so I can use them as evidence in my case 

[Alision_J36 2]

9 hours ago, beloved_dingo said:

 

@Alision_J36 Just jumping on here to back up Rocio and Carmel's advice. Even if your spouse doesn't want to cooperate, you can obtain a divorce. It may be relatively easy now that your husband has come back on the radar, because you could probably find out information to get him served this time (his place of work or home address, for example). If he doesn't respond to the Complaint for Divorce, you can request a Default Judgment. Laws vary by state so look it up for where you live to get more info. If you can afford a divorce attorney, that will help you navigate the process. Divorce attorneys also usually have contacts that can be useful in getting someone served (private investigators, process servers, etc).

Hey!! Very helpful information. I will do the best I can. I don't know what evidence USCIS will ask for even though I am filing under the 5 year rule. I don't want to run into in problems.