Am I eligible for permanent residency based on marriage to a citizen?

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Am I eligible for permanent residency based on marriage to a citizen?

I am a legal immigrant on a H1 visa and am married to a citizen for more than a year; we have a daughter with her. Problem is, we are not staying together anymore though we are still married. Things are not working between us. They work on and off. Am I still eligible for permanent residency?

Asked on December 18, 2011 under Immigration Law, Indiana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are no longer in a bona fide marital relationship, it is unlikely that the petition would be approved since you would have to go through the interview in person with the USCIS and they would question you on the bona fide nature of your relationship.  However, if you feel that there is a chance of reconciliation, I would certainly suggest that you go forward with the process.


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