Applying for Citizenship -- Separated or Divorced?

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AsyleeTravel

Registered Users (C)
I am eligible to apply for naturalization and had a question for the knowledgable forumites. I was married in 1997 (before filing for GC) but we separated after a few months and my ex has been living abroad with no contact for 11+ years now. What status should I file under?

Also, I am living with someone now and have a kid together. Should/can I file for a divorce here in the U.S., and would that be required before I can apply for her GC post-citizenship?

Thanks for the help!
 
Just looked at the form. Doesn't have the "separated" option.

I would just leave everything as it is for now to avoid delays. If need to be you can always mention that you live separated during the interview.

But how was it? "Don't volunteer information, unless you are specifically asked."
 
First off, you would of course be applying under the 5yr route.
Secondly, I believe you would either check the box for "Married" or you could check "Other" and explain that you are legally separated.
 
MartinAub said:
Just looked at the form. Doesn't have the "separated" option.

I would just leave everything as it is for now to avoid delays. If need to be you can always mention that you live separated during the interview.

But how was it? "Don't volunteer information, unless you are specifically asked."
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Thanks for the replies! So should I apply for citizenship now, and concurrently file for divorce here in Arizona? I figure with the long delay before naturalization interview, it would be enough time for the 60-90 day divorce process. But should I file as married or "Other/Annulled" and write out my situation as spearated with no contact for 11 years on the form?

Thanks!
 
Well,

I would do it one step at a time. I mean if you didn't bother to get a divorce in 11 years, what's the problem with another one?

Otherwise you need to change your marriage status, unless you file for divorce and then explain that you are in divorce proceedings, but that would likely trigger that at some point you have to file more paper work once that process is over.
 
AsyleeTravel said:
Thanks for the replies! So should I apply for citizenship now, and concurrently file for divorce here in Arizona? I figure with the long delay before naturalization interview, it would be enough time for the 60-90 day divorce process. But should I file as married or "Other/Annulled" and write out my situation as spearated with no contact for 11 years on the form?

Thanks![/QUOTE

Is 'separated' a legal status for marriage? I do not think so. You only have 'not married/single', 'married', 'divorced', 'widowed', etc. So, I suggest you apply as 'married', and fill out details about your wife. If you file for divorce after you file your N400, you will have to update the IO about it during the interview. Hopefully, the divorce will be complete by then - and will not result in any delay in your N400 processing.
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