I am a lebanese man married to a u.s. citizen for several years. She has left me for another man and now has a child with this man. She refuses to go with me for my citizenship. Do i have any recourse. Can i self-petition.
If you are applying for US Citizenship, she does not need to be a part of it nor accompany you to your Naturalization interview. However, you will need to have been a lawful permanent resident for 5 years rather than 3 if you are no longer married. Naturalization (citizenship) is always a matter of self-petitioning unless you are a minor child.
If you are applying for your Permanent Residency (i.e. removal of conditions), you can still petition without your spouse if you are now divorced. You simply indicate that you are seeking removal of conditions based on a waiver of the marital requirement. This is essentially a type of self-petitioning.
8 years practice experience, published in State Bar Journal
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