Lil_Didi

Hi guys,

Hoping I can get a bit of assistance as my Lawyer has been a bit vague with advice.

I received my permanent residence based on my marriage to a US citizen.
We married in 2009 and lived together between 2009 and 2013.
I got my permanent residence in 2010.

We haven't lived together for a few years but are still on good terms and have shared bank accounts, file taxes together and have shared health insurance.

My interview for Citizenship is Jan 3rd.
I am going to try and bring us much of the items I had originally presented for permanent residence but I don't have everything- such as our old shared utility bills etc and a report of health insurance from each year. Is that ok? Am I supposed to have all evidence from before?


If asked if we are still married I plan on being honest and saying yes. If asked if we are living together I plan on saying we have been separated. I'm currently staying with him temporarily but we have lived separately for a few years.
Will this cause any problems for getting my citizenship?
I have paid taxes, only taken short trips outside the US and been employed in New York this entire time.

Also, one of the requirements is a state issued ID but I don't have one. Is that ok? I will just be bringing my Green card and British passport.

Appreciate your advice.

Noorah101

You are eligible for citizenship based on being a PR for 5 years, so your marital status or proof of such is not relevant. Of course be honest, but your marriage situation will not hinder your chances of becoming a USC.

As for state issued ID, you can't provide what you don't have, so yes, bring your other IDs.

Rene

Rete

On what basis did you petition for US naturalization. You are long pass the 3 year mark for the filing because you are in a marriage to a USC for three years and also well passed the 5 year mark of PR status. So why would you bring items from your permanent resident interview? Yes, bring your marriage certificate and separation paperwork if you are legally separated. If you are, then in NYS once you are legally separated for one year the divorce can be finalized. You need to bring the last 5 years of US tax returns to prove that you have "good character". I'm surprised that you don't have a state driver's license but then again, if you live in the borough of Manhattan or the Bronx, Staten Island, etc. you have good mass transportation and don't require a driver's license as you don't require a car.

Curious that you don't mention that you had to file for removal of conditions in 2011/2012. If you were only married in 2009 and became a PR in 2010, then you were a conditional permanent resident not a permanent resident.

This has been amended because I'm an idiot and skipped a paragraph. Sorry for that.

Noorah101

I didn't see where the OP said she is divorced. In fact, she said she would be honest at the interview by saying they are still married.

Rene

Rete

She wrote:

"We haven't lived together for a few years but are still on good terms and have shared bank accounts, file taxes together and have shared health insurance." Didn't read the part where she said they are separated. Wonder if they are legally separated or just living apart. for the last 4 years.

Strange.

MidAtlantic

As per Rete in #3 the crucial issue is on what basis the OP petitioned for naturalization. If on the basis of marriage, which is what she implies from all her emphasis on marriage, I think she is doomed. If on the basis of five year permanent residence she should be fine, provided she produces the correct supporting paperwork.

Noorah101

Even if based on marriage, I don't think she's doomed. They ate still legally married and share finances. They just don't live in the same house.

It will be interesting to see how it goes.

Rene

MidAtlantic

Maybe I was too dogmatic, but I think it is unlikely that they will be deemed to be "living in marital union" as per the attached.

https://www.uscis.gov/policymanual/H...-Chapter2.html

Additionally, why apply on the basis of marriage, which is questionable, when she can apply on the basis of five years permanent residence?

Noorah101

On this I agree. In 2015 she was eligible to file based on 5 years as a PR. That is what she should have done.

I have heard that USCIS wants people to become USCs so hopefully they will overlook the fact that they aren't living in the same household.

When my alien spouse became a USC, we were spending most of our time apart, but our joint residence was in Arizona together. He was just spending most of his time in California due to work, and we could prove that (although the subject never came up).

The OP doesn't say why they have separate residences.

Rene

Rete

Honestly can't see that it will be problematic. When at the interview, the examiner can red pencil the application and make it for the 5 year rule instead of the 3 year married rule. They do want you to naturalize so if she is eligible under the 5 year rule, I can see them red penciling the app and letting it through that way. Probably have already done just that without her even realizing it.

Noorah101

I agree.

Rene

RICH

Based on my experience - K1 visa 2004, divorced 2009, citizenship 2013:

Even if you checked the box for 3 year marriage based - it does not change the fact you are eligible under 5 years rule.

I applied under 5 year rule but still had to provide the divorce cert. They want a record of any changed circumstances, even if irrelevant to eligibility. If, there is a legal separation you should provide that documentation.

You do not have to provide the "evidence" previously provided for GC/AOS etc - they already have that. In fact a thick file was on the table at my interview presumably containing "everything".

I don't think State ID is a requirement. Govt issued Id ie your GC should cover getting you in the building.

Rete

Well, she's not been back, but apparently they are not divorced but separated. But good to have your feedback.

RICH

You're welcome.