I have lived in the USA for 6 years, still legally married to my husband, but separated from him, can I file my citizenship with him? Or what can I do if I want to file seperate with out letting him know?

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I have lived in the USA for 6 years, still legally married to my husband, but separated from him, can I file my citizenship with him? Or what can I do if I want to file seperate with out letting him know?

Ologhi longjohn email itariaceyahoo.com
thanks

Asked on June 28, 2016 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It does not matter if you are still legally married or not, if you have been a permanent resident (with a green card) for at least 5 years, you can file for citizenship without your husband's knowledge and without needing to still be married to him.  However, if you have not been a permanent resident for 5 years yet, and you are no longer in a bona fide marriage, then you need to wait until you have been a permanent resident for 5 years.


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