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

Asked on June 28, 2016 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.