Can She Apply for Naturalization Today?

[bobbyA]

A Chinese lady friend of my wife would like to know if she can file for naturalization with her circumstances and timeline:

 

1. 
    
   
2. Met her US husband who lived and worked in China in 2000
   
3. They got married in China in July 2003 (7+ years ago)
   
4. Daughter born in China in March 2004 (6+ years ago). Daughter has a US passport.
   
5. Applied for IR1 visa in China in April 2007 (5+ years ago)
   
6. Interviewed in Guangzhou and granted IR1 visa in July 2008
   
7. Came to the US in November 2008
   
8. Got 10-year green card in December 2008
   
9. Legally separated in January 2009
   
10. Husband filed for divorce but case still not settled.
     
    

She's been in the US and held her green card for a little over 3 years, and was wondering if she could file her N-400 for US citizenship now or does she have to wait 5 years because she is separated from her husband.

 

Can someone help answer her question please.

 

Thank you!

[dnoblett]

Straight answer NO, has to wait until 5 years of residency, the separation kills the ability to naturalize at 3 years.

 

The 3 to 5 year rule requires a couple living together as a married couple the entire 3 to 5 years.

 

http://www.uscis.gov...attachments.pdf (Eligibility worksheet page 3 Part A question one would be answered no, if separated)

Edited January 4, 2012 by dnoblett (see edit history)

[Randy W]

Yes - the marriage to a U.S. citizen requirement states

 

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

 

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

[dnoblett]

Yes - the marriage to a U.S. citizen requirement states

 

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

 

 

http://www.uscis.gov...000b92ca60aRCRD

So that's a No, does not qualify to file until the 5 year mark.

 

Note currently married and living with..

 

More:

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/N-400Residency1.jpg

 

http://www.uscis.gov...le/chapter4.pdf

[Randy W]

Yes - the marriage to a U.S. citizen requirement states

 

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

 

 

http://www.uscis.gov...000b92ca60aRCRD

So that's a No, does not qualify to file until the 5 year mark.

 

Note currently married and living with..

 

 

 

 

Yes - when I said 'Yes', I was agreeing with you that the answer was 'No' , and pointing out that the requirement does specifically state "living together"

 

Sorry 'bout that

[warpedbored]

If she were still married to her American husband she could file now but as the others pointed out she has to be legal resident for 5 years. The soonest she can file is 90 days prior to the 5 year anniversary of the issue date of her first green card.