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Seperated (not divorced)- Filing for Citizenship

Discussion in 'US Citizenship' started by gctocitiz, Jan 27, 2006.

  1. gctocitiz

    gctocitiz New Member

    We've been separated and living in different cities for few months now and never applied for a divorce or any other legal separation.

    I have received Green Card through husband when he applied through his work permit (H1B to GC). It is 5 years since we got the Green Cards, and I would like to apply for citizenship.

    Is there anything that we would need to do jointly or can I apply myself totally separate from him? Do I need to know of any potential problems and issues, if I choose to file for citizenship totally separately? Can I do it in the first place at all? Since I got the GC through him, do we need to stay married and file jointly for citizenship? If I can file totally independently, do I need to provide any information about the spouse, and marriage? It looks like the application form requires spouse's Alien no., what if I cannot get it from him? Since we are not officially divorced, what is the status I can state on the application form for citizenship?

    I do not have any tax returns for last 4 years; I will be filing married but separate tax returns for 2005. He would have filed jointly till 2004 and I do not have access to them. Can I get copies directly from IRS?

    Anyone in similar situation or with similar experience, I would really appreciate any help you can provide.

    Thank you.
     
  2. Sunny485

    Sunny485 Registered Users (C)

    Since you did not get a GC based on a marriage to a US citizen, your current marital status is not relevant to your citizenship application.

    For this same reason, you do not need to send your tax returns with your application. But fyi, you can always get it from IRS for a small fee.

    In any case, your application is completely independent from your husband's.
     
  3. gctocitiz

    gctocitiz New Member

    Its good to hear that tax forms are not required and I can get a copy from IRS just in case.

    But on the application, what status do I state since we are not officially divorced and living seperately?

    Is it okay not to fill in the A # on the form, since I do not have access to it?

    thanks in advance for your help!
     
  4. ocworker

    ocworker Registered Users (C)

    Does the form has the option to let you select "seperated"? if not, you are still married.

    which A#? yours?
     
  5. gctocitiz

    gctocitiz New Member

    I don't think there is an option to select 'separated' on form N-400.

    Alien # in question is of the separated spouse.

    If we are separated, but still state as married in the application form and I do not have access to his information (current address) or A#, how can I fill the forms completely?

    There should be something that I can do, if I'm stilll not officially divorced but living sepately and have no idea where the spouse lives and do not want to contact him just to get his information for my citizenship application.
     
  6. ocworker

    ocworker Registered Users (C)

    in your case, yo just won't be able to provide the info. since you are applying your citizenship based on your 5 yrs green card.. it might not be a big deal of not having his A#.
     
  7. tangohi

    tangohi Registered Users (C)

    If you do not have his address just state that on the application. You have nothing to worry but be truthfull on the application. Second he has to support you till you get citizenship so you have leeway if he tries to act smart. It is to his benefit that he helos you in this process and provide his address and other info. You can always call his parents explain the situation and get the address.
     
  8. gctocitiz

    gctocitiz New Member

    Why would you think it'd be beneficial for him to help/ support me in this process?
     

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