If my husband and I are separated by choice and I want to apply for my US CItizenship, what do I put for martial status?

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If my husband and I are separated by choice and I want to apply for my US CItizenship, what do I put for martial status?

I am filing the N-400. The options on the N-400 Form for Naturalization page 2 are: Single, Never Married, Married, Divorced, Widowed, Marriage Annulled or Other (Explain). I am a LPR of the USA for 5 years. I do not know where he is and we are still married. If I choose Other, will I be required to show documentation of a legal separation? And will this affect my status in anyway?

Asked on April 25, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been a permanent resident for 5 years, you are eligible to apply for naturalization even if you are no longer married.  If you are now separated, then that is what you should indicate as your status since you are not single and  unless you have signed a divorce decree you are not divorced.


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