citizenship

Which is your primary home/ address in USCIS records ?? If you have same joint owned or leased, then no problem. Your joint bank accounts/ tax records would suffice. There should be no problem.

Hi everyone,

I have a related question. I have been a permanent resident for 3 years. My spouse and I don't live together because of our job situations. But we see each other almost every weekend (we live 2 hours apart in the same state). we are not separated or anything like that, but we just don't live together during week days and we have a kid as well. so, my question is can I apply for citizenship? thanks a lot for your answers.
 
Thanks for the reply. I have my address documented in USCIS records. we do not have a joint house owned/leased though. So, my understanding from your answer is that we would still need to show some forms of evidence for the legitimacy/honesty of the marriage, like the ones used for the removal of conditions on PR status, right?
 
Thanks for the reply. I have my address documented in USCIS records. we do not have a joint house owned/leased though. So, my understanding from your answer is that we would still need to show some forms of evidence for the legitimacy/honesty of the marriage, like the ones used for the removal of conditions on PR status, right?

Include your child's birth certificate with your N-400. Nothing helps justify marriage legitimacy like having a child together.
 
I meant include a photocopy of the birth certificate (not the actual doc) because you should take the original with you to the interview. This is what I did when I submitted my N-400 and at my interview, the IO only asked me what my wife's and child's names were. She did not ask for the original doc.
 
I went ahead and filed N400. My husband and I filed federal and state taxes back in FEB, but he has refused to file local taxes. I have been asking him to file for the past 2 months and he refuses. What do I do? Is there any way I can file for myself? I do not have his W2 forms, just my own. I will get in trouble if I don't file and the deadline is April 15th. And if I do file married filing separately, isn't that going to be a problem at my citizenship interview since we filed other texes jointly?
 
Sorry, but you're on your own with that. Most people don't file a local income tax return at all, they only file state and Federal. And for the localities that require a return, each has its own different rules. We won't know if they'll allow filing as married-separately when your state and Federal returns are married-jointly. You'll have to remind your husband of the penalties that HE will also face if the local return is not filed. Maybe if you fill out the return yourself it will be easier to get him to cooperate, since he wouldn't have much to do except signing it.
 
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Got taxes sorted out and filed jointly.

Now new problem aroused. We are still living together, but he moved to the living room in Jan. and refuses to sleep in the bedroom. I thought he just needed time alone, but now 4 months later I found out he has been telling everybody that we are separated. He never told me! I work 3 rd shift, he works 1 st, so basically we cannot sleep together anyway, but we still have occasional sex. Other than that we eat together in front of the TV, I cook every day, but he refuses to go out together for a meal or anything like that, so we don't do anything together as a couple anymore. There is no such thing as legal separation in my state, but apparently you can still be living together and be separated. I did not know that, I just googled it today. I filed for citizenship in March based on a 3 year rule hoping that we will sort things out. I am getting scared now. Should I withdraw my application? He said he won't tell them we are separated, but he will file for divorce sometime in fall. I should get my citizenship in 2 months or so, but when he does file for divorce and puts the separation date on the petition as January of this year, that would mean we were already separated when I filed N400! But I didn't know we were because he never told me. What do I do? Please please help. Do I withdraw my application just to be safe?
 
Although I disagree with your overall approach so far, from what I have read, he seems to be supporting you to get your citizenship. Whether it is right or not is a different matter, but you should realize the fact that you have his support in the one issue which seems to matter most to you. There is no other reason for his actions.

Unless the IO is unusually picky, you will get by and be approved. And once you are approved, it will be a very hard for anyone to turn this over. They are not going to pick up your file again just because he files a court paper somewhere ... unless you or he get into some serious legal trouble which makes someone look into old stuff.
 
I am not going to lie to the IO! That's why I asked if I should withdraw my application. Seems like a good idea at this point. Anybody else?
 
I am not going to lie to the IO! That's why I asked if I should withdraw my application. Seems like a good idea at this point. Anybody else?

I find it quite strange about your fears. You are living together under one roof. You have jointly filed tax. He is eating food cooked by you. As per your own statement there is occasional sex. So how can he claim to be separated from you since Jan. You keep your record of all his deeds and you can dictate the date of separation. He can claim he is separated since Jan, but you do not have to accept same. With your proof/record of co-habitation the date of separation will be the date from which he does not touch you. Get a smart divorce attorney. He/She will work it in your favor.

Have no fears and do not volunteer extra information to IO during interview. Be to the point and do not pour out about your marital woes to IO. The IO may or may not sympathize you or appreciate your point of view. You have no reason to withdraw your application.
 
I should get my citizenship in 2 months or so, but when he does file for divorce and puts the separation date on the petition as January of this year, that would mean we were already separated when I filed N400!
You don't have to agree with the separation date that he claims. If you disagree, you can assert your own date, and the court will decide based on the evidence. The evidence points more towards your interpretation, because you are still living together, eating together, and having sex occasionally. Wait until the interview happens before you decide what to do about the N-400.
 
You don't have to agree with the separation date that he claims. If you disagree, you can assert your own date, and the court will decide based on the evidence. The evidence points more towards your interpretation, because you are still living together, eating together, and having sex occasionally. Wait until the interview happens before you decide what to do about the N-400.


LOL...thats a normal marriage, right !! :)
 
Interview done. Before you take the oath, they send you a letter where you have to answer a number of questions, first being have you ever been separated from your husband? Now How do I answer that? He claimed in the past we were separated, I claim otherwise. We have never lived apart, but he has been sleeping in another room since January. Should I not take the oath?? Urgent!
 
Interview done. Before you take the oath, they send you a letter where you have to answer a number of questions, first being have you ever been separated from your husband? Now How do I answer that? He claimed in the past we were separated, I claim otherwise. We have never lived apart, but he has been sleeping in another room since January. Should I not take the oath?? Urgent!
The question on oath letter refers to the time since interview; in other words have you been legally separated since interview from your spouse. Sleeping in another room is not considered separation under immigration law.
 
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